02013D0065 — EN — 17.12.2016 — 001.001

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►B COMMISSION IMPLEMENTING DECISION of 19 December 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by New Zealand (notified under document C(2012) 9557) (Text with EEA relevance) (2013/65/EU) (OJ L 028 30.1.2013, p. 12)

Amended by:









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COMMISSION IMPLEMENTING DECISION

of 19 December 2012

pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by New Zealand

(notified under document C(2012) 9557)

(Text with EEA relevance)

(2013/65/EU)







Article 1

1. For the purposes of Article 25(2) of Directive 95/46/EC, New Zealand is considered as ensuring an adequate level of protection for personal data transferred from the Union.

2. The competent supervisory authority for the application of the legal data protection standards in New Zealand is set out in the Annex to this Decision.

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Article 2

Whenever the competent authorities in Member States exercise their powers pursuant to Article 28(3) of Directive 95/46/EC leading to the suspension or definitive ban of data flows to New Zealand in order to protect individuals with regard to the processing of their personal data, the Member State concerned shall, without delay, inform the Commission which will forward the information to the other Member States.

Article 3

1. The Commission shall, on an ongoing basis, monitor developments in the New Zealand legal order that could affect the functioning of this Decision, including developments concerning access to personal data by public authorities, with a view to assessing whether New Zealand continues to ensure an adequate level of protection of personal data.

2. The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in New Zealand fails to secure such compliance.

3. The Member States and the Commission shall inform each other of any indications that interferences by New Zealand public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences.

4. Where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this Article, the Commission shall inform the competent New Zealand authority and, if necessary, propose 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.

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Article 4

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 New Zealand 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 manner.

Article 5

Member States shall take all the measures necessary to comply with this Decision until 20 March 2013.

Article 6

This Decision is addressed to the Member States.









ANNEX

Competent supervisory authority referred to in Article 1(2) of this Decision:

Privacy Commissioner:

Te Mana Matapono Matatapu

Level 4

109-111 Featherston Street

Wellington 6143

New Zealand

Tel: +64-4-474 7590

Contact e-mail: enquiries@privacy.org.nz

Website: http://privacy.org.nz/