Regulation of Transborder Data Flows under ... - Tilburg University

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Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 82 Country Source Text or translation (excerpts; notes are given in italics) South Korea Act on Promotion of Information and Communications Network Utilization and Data Protection (as amended in 2005) Switzerland Federal Act on Data Protection (19 June 1992) (status as of 1 January 2008) Article 54 (Restrictions on International Contracts on Personal Information) (1) The information and communications service providers, etc. shall not enter into any international contract of which contents violate the provisions of this Act with respect to the personal information of users. (2) The information and communications service providers, etc. shall obtain the consent of users when they intend to transfer the personal information of such users to abroad. (3) The information and communications service providers, etc. shall notify in advance the items including the purpose of transfer of personal information as prescribed in the Ordinance of the Ministry of Information and Communication when they intent to obtain the consent pursuant to Paragraph (2). (4) The information and communications service providers, etc. shall take the protective measures as prescribed by the Ordinance of the Ministry of Information and Communication when they transfer the personal information abroad subject to the consent pursuant to Paragraph (2). Art. 6 Cross-border disclosure 1. Personal data may not be disclosed abroad if the privacy of the data subjects would be seriously endangered thereby, in particular due to the absence of legislation that guarantees adequate protection. 2. In the absence of legislation that guarantees adequate protection, personal data may be disclosed abroad only if: a. sufficient safeguards, in particular contractual clauses, ensure an adequate level of protection abroad; b. the data subject has consented in the specific case; c. the processing is directly connected with the conclusion or the performance of a contract and the personal data is that of a contractual party; d. disclosure is essential in the specific case in order either to safeguard an overriding public interest or for the establishment, exercise or enforcement of legal claims before the courts; e. disclosure is required in the specific case in order to protect the life or the physical integrity of the data subject; f. the data subject has made the data generally accessible and has not expressly prohibited its processing; g. disclosure is made within the same legal person or company or between legal persons or companies that are under the same management, provided those involved are subject to data protection rules that ensure an adequate level of protection. 3. The Federal Data Protection and Information Commissioner (the Commissioner, Art. 26) must be informed of the safeguards under paragraph 2 letter a and the data protection rules under paragraph 2 letter g. The Federal Council regulates the details of this duty to provide information.
Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 83 Country Source Text or translation (excerpts; notes are given in italics) Tunisia Law No. 2004-63 of July 27, 2004, on the Protection of Personal Data (2004) Article 50 The transfer of personal data to a foreign country is prohibited when it may endanger public security or Tunisia's vital interests. Article 51 The transfer of personal data to a foreign country for the purpose of processing or for the future purpose of processing, is not permitted if the country does not provide an adequate level of protection. The adequacy level of protection shall be assessed in light of the nature, purpose for which and period during which the personal data are intended to be processed; where the data shall be transferred to; and the security measures taken to ensure the safety of the personal data. In any case, the transfer of personal data must be carried out in accordance with the provisions of the Act. Article 52 In any case, the DPA’s authorization is required before the transfer of personal data abroad. The DPA shall issue its decision within one month from the date of receipt of the application. Whenever the personal data to be transferred concerns minors, an application for authorization must be made before a juvenile and family court judge.
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