Personal Data Protection Act
GN. NO. 395B (Contd)
concerned, is processed under the supervision
of a health professional in accordance with
the law governing such health care services.
PART V
TRANSBORDER DATA FLOW
Transfer of
personal data to
state with
adequate
personal data
protection
31.-(1) The Commission may, subject to the
provisions of this Act, prohibit the transfer of personal
data to a place outside the country.
(2) Personal data shall be transferred to country
that has a legal framework that provides for adequate
data protection, if(a) the recipient establishes that the personal data
is necessary for the performance of a task
carried out in the public interest or pursuant
to the lawful functions of a data controller; or
(b) the recipient establishes the necessity of
having the data transferred and there is no
reason to assume that the data subject's
legitimate interests might be prejudiced by
the transfer or the processing in the recipient
country.
(3) The data controller shall, notwithstanding
subsection (2), be required to make a provisional
evaluation of the necessity for the transfer of the
personal data.
(4) The recipient shall ensure that the necessity
for the transfer of the personal data can be subsequently
verified.
(5) The data controller shall ensure that the
recipient shall process the personal data for the purposes
for which it was transferred.
Transfer of
personal data to
state without
adequate
personal data
32.-(1) Personal data may be transferred to
recipients states other than those referred to under
section 31, if an adequate level of protection is ensured
in the country of the recipient and the personal data is
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