(11)
The application of the legal data protection standards is guaranteed by administrative and judicial remedies, and by independent supervision carried out by the supervisory authority, the Privacy Commissioner, who is endowed with the kinds of powers set out in Article 28 of Directive 95/46/EC, and who acts independently. Moreover, any interested party is entitled to seek judicial redress for compensation for damages suffered as a result of the unlawful processing of his personal data.
2. The competent supervisory authority for the application of the legal data protection standards in New Zealand is set out in the Annex to this Decision.
(a)
where a competent New Zealand authority has determined that the recipient is in breach of the applicable standards of protection; or
(b)
where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent New Zealand authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in New Zealand with notice and an opportunity to respond.
2. The suspension shall cease as soon as the standards of protection are assured and the competent authority of the Member States concerned is notified thereof.
3. Where information gathered under Article 2(1) and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in New Zealand is not effectively fulfilling its role, the Commission shall inform the competent New Zealand authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.
For the Commission
Viviane REDING
Vice-President
(1) OJ L 281, 23.11.1995, p. 31.
(2) Opinion 11/2011 dated 4 April 2011 on the level of protection of personal data in New Zealand. Available at http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2011/wp182_en.pdf
ANNEX
Competent supervisory authority referred to in Article 1(2) of this Decision:
Privacy Commissioner:
Te Mana Matapono Matatapu
Level 4
109-111 Featherston Street
Wellington 6143
New Zealand
Tel: +64-4-474 7590
Contact e-mail: enquiries@privacy.org.nz
Website: http://privacy.org.nz/