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Approval procedure

 
 
 

Act No. 101/2000 Coll., on the protection of personal data and on amendments to some acts, as amended (hereinafter the "Act") stipulates in Article 27 the terms and conditions under which personal data may be transferred to other countries.

The legislation governing transfers of personal data to other countries was substantially modified by the amendment effective as of 26 July 2004 (the amendment was published in Part 144 of the Collection of Laws No. 439/2004 Coll.).

In the first place, it is not allowed to restrict any free movement of personal data if such personal data are to be transferred to a member state of the European Union.

To other (the so-called third) countries personal data may be transferred if the prohibition to restrict free movement of personal data is ensuing from an international treaty the ratification of which was approved by the Parliament and which is binding the Czech Republic (e.g., Convention for the protection of individuals with regard to automatic processing of personal data published in the Collection of International Treaties No.115/2001 Coll.) or such personal data are transferred on the basis of a decision of an institution of the European Union. Information about such decisions is published in the Official Journal of the Office for Personal Data Protection.

Neither of the above-described ways of transfer of personal data is subjected to official approval pursuant to the law, in some cases, subject to Article 16 and Article 18 of the Act, however, any such intended processing of personal data, which will include any such transfer, shall be notified to the Office for Personal Data Protection (hereinafter the "Office") by way of a procedure pursuant to Article 16 of the Act.

In cases other than the two above-described ways of transfer of personal data, controllers shall seek with the Office permission to the transfer thereof. Those controllers shall declare any of the conditions of legality of such personal data transfer in their applications as per Article 27(3) of the Act; at the same time, though, they must be aware of their duty to observe any other conditions of the Act relating to the entire course of personal data processing, which also consists of such transfer.

The application shall be processed by the Office pursuant to of Act No. 500/2004 Coll., the Administrative Code, within 30 days, or within 60 days if the case is more difficult. In assessing the application, the Office shall evaluate, in particular, the criteria stipulated in Article 27(4) of the Act. If the information contained in the application does not suffice the evaluation of the transfer of personal data and the issuance of its decision, the Office, pursuant to the Administrative Code, may suspend the proceeding and request complementation of any such missing information, including any relevant evidence.

This information relating to transfers of personal data to third countries may be further complemented by adding that in some selected cases of personal data processing the transfer issue is also governed partially by other acts.

 

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