(1)
Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States’ laws implementing other provisions of the Directive are complied with prior to the transfer.
(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.
(8)
Data protection provisions are also contained in a number of special acts that create and regulate databases, namely, acts regulating certain public registries (public deeds, industrial property and trade marks, personal acts, real estate, mining or credit reporting). Act No 18.331 applies additionally to these acts in relation to those issues that are not governed by these specific legal instruments, pursuant to Article 332 of the Constitution.
(15)
This Decision should concern the adequacy of protection provided in the Eastern Republic of Uruguay with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC. It should not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
(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.
1. Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in the Eastern Republic of Uruguay in order to protect individuals with regard to the processing of their personal data in the following cases:
(b)
where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Uruguayan 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 the Eastern Republic of Uruguay 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.
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.
Member States shall take all the measures necessary to comply with the Decision within three months of the date of its notification.
This Decision is addressed to the Member States.
Done at Brussels, 21 August 2012.
For the Commission
Viviane REDING
Vice-President
(1) OJ L 281, 23.11.1995, p. 31.
(2) Letter of 31 August 2011.
(3) Organisation of American States; OAS, Treaty Series, No 36, 1144 UNTS 123. http://www.oas.org/juridico/english/treaties/b-32.html
(4) Council of Europe: https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=CM/Del/Dec(2011)1118/10.3&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864
(5) Opinion 6/2010 on the level of protection of personal data in the Eastern Republic of Uruguay. Available at http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2010/wp177_en.pdf
ANNEX
Competent supervisory authority referred to in Article 1(2) of this Decision:
Unidad Reguladora y de Control de Datos Personales (URCDP)
Andes 1365, Piso 8
Tel. + 598 2901 2929 Int. 1352
11.100 Montevideo
