(5)
The Political Constitution of the Eastern Republic of Uruguay, passed in 1967, does not expressly recognise the rights to privacy and the protection of personal data. However, the catalogue of fundamental rights is not a closed list since Article 72 of the Constitution provides that the listing of rights, obligations and guarantees made by the Constitution does not exclude others that are inherent to the human personality or that derive from the republican form of government. Article 1 of Act No 18.331 on the Protection of Personal Data and ‘Habeas Data’ Action of 11 August 2008 (Ley No 18.331 de Protección de Datos Personales y Acción de ‘Habeas Data’) expressly sets out that ‘the right to the protection of personal data is inherent to the human being and it is therefore included in Article 72 of the Constitution of the Republic’. Article 332 of the Constitution provides that the application of the provisions of this Constitution that acknowledge individuals’ rights as well as those awarding rights and imposing obligations on public authorities, shall not be impaired by of the lack of specific regulation; rather, it shall be based, through recourse to the underlying principles of similar laws, on the general principles of the law and generally accepted doctrines.
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.
1. Member States shall inform the Commission without delay when measures are adopted on the basis of Article 2.
2. The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in the Eastern Republic of Uruguay fails to secure such compliance.
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.
The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision, that protection in the Eastern Republic of Uruguay is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way.
Member States shall take all the measures necessary to comply with the Decision within three months of the date of its notification.
