(2)
The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.
(9)
The legal data protection standards applicable in the Eastern Republic of Uruguay cover all the basic principles necessary for an adequate level of protection for natural persons, and also provide for exceptions and limitations in order to safeguard important public interests. These legal data protection standards and the exceptions reflect the principles laid down by Directive 95/46/EC.
(11)
Uruguayan data protection authorities have provided explanations and assurances as to how the Uruguayan law is to be interpreted, and have given assurances that the Uruguayan data protection legislation is implemented in accordance with such interpretation. In particular, Uruguayan data protection authorities have explained that, pursuant to Article 332 of the Constitution, Act No 18.331 applies additionally to special acts that create and regulate specific databases in relation to those issues that are not governed by these specific legal instruments. They have also clarified that, regarding the lists referred to in Article 9 C) of Act No 18.331, and which do not require the consent of the data subject for the processing, the Act also applies, namely the principles of proportionality and finality, the rights of data subjects and that they are subject to the supervision by the data protection authority. With regard to the transparency principle, the Uruguayan data protection authorities have informed that the obligation to provide the data subject with the necessary information applies in all cases. Regarding the right of access, the data protection authority has clarified that it is sufficient for a data subject to prove its identity when making a request. The Uruguayan data protection authorities have clarified that the exceptions relating to the principle on international transfers laid down in Article 23(1) of Act No 18.331 cannot be understood as having a broader application than that of Article 26(1) of Directive 95/46/EC.
(16)
In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.
3. Where the information collected under Article 2 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in the Eastern Republic of Uruguay is not effectively fulfilling its role, the Commission shall inform the competent Uruguayan 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.
Member States shall take all the measures necessary to comply with the Decision within three months of the date of its notification.
