(2) The Authority shall lay down the categories of processing
operations for which and the circumstances in which the transfer
of personal data to countries outside the Republic of Zimbabwe
the SADC is not authorized.
Transfer to
44.
a country
outside the
Republic of
Zimbabwe
SADC which
does not
assure an
adequate
level of
protection
(1) By way of derogation from section 43, a transfer or a set of
transfers of personal data to a country outside the Zimbabwe
SADC which does not assure an adequate level of protection
may take place in one of the following cases:
(a) the data subject has unambiguously given his/her consent
to the proposed transfer;
(b) the transfer is necessary for the performance of a contract
between the data subject and the controller or the
implementation of pre-contractual measures taken in
response to the data subject's request;
(c) the transfer is necessary for the conclusion or performance
of a contract concluded or to be concluded between the
controller and a third party in the interest of the data
subject;
(d) the transfer is necessary or legally required on important
public interest grounds, or for the establishment, exercise or
defense of legal claims;
(e) the transfer is necessary in order to protect the vital
interests of the data subject;
(f) the transfer is made from a register which, according to acts
or regulations, is intended to provide information to the
public and which is open to consultation either by the public
in general or by any person who can demonstrate a
legitimate interest, to the extent that the conditions laid
down in law for consultation are fulfilled in the case at hand.
(2) Without prejudice to the provisions of the previous
paragraph, the Authority may authorize a transfer or a set of
transfers of personal data to a country outside Zimbabwe the
SADC which does not ensure an adequate level of protection, if
the controller ensures adequate safeguards with respect to the
protection of privacy and fundamental rights and freedoms of
individuals, and regarding the exercise of the corresponding
rights; such safeguards can result from appropriate contractual
clauses in particular.
Draft Data Protection Bill Version 1.0
55
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