Fiji Data Protection Bill (2020)
Fiji DP Bill: Cross-Border Transfers, PIDPC Commissioner and Enforcement

Fiji Data Protection Bill (2020) FjDPB-CrossBorder-Authority-Enforcement: Cross-Border Transfers + PIDPC + Enforcement + Penalties

Fiji Data Protection Bill 2020 Parts V + VI - Cross-Border + Enforcement. CROSS-BORDER DATA TRANSFERS (Bill clause + similar to GDPR Chapter V + Singapore PDPA s.26): personal data may be transferred outside Fiji only where: (a) ADEQUACY - the destination country provides an adequate level of protection (to be determined by Minister of Justice); (b) APPROPRIATE SAFEGUARDS - binding corporate rules + standard contractual clauses + approved code of conduct + approved certification mechanism; (c) DEROGATIONS - explicit consent of data subject + contract necessity + public interest + legal claims + vital interests + register access. The Bill explicitly contemplates ASEAN + Pacific Privacy Authority Network (PPAN) + Asia-Pacific Privacy Authorities (APPA) mutual-recognition mechanisms. PERSONAL INFORMATION AND DATA PROTECTION COMMISSIONER (PIDPC): an independent statutory body responsible for monitoring + enforcement + investigations + complaints + audits + guidance + international cooperation; appointed by the President on advice of the Judicial Services Commission; reports to Parliament. ENFORCEMENT + PENALTIES: PIDPC may issue: (a) information notices; (b) assessment notices; (c) enforcement notices; (d) penalty notices up to FJD 1 MILLION (or higher under Ministerial regulation); (e) injunctions through the High Court. CRIMINAL OFFENCES for unauthorised disclosure + obstruction + repeat-violations. APPEALS: to the Fiji High Court within 30 days.

Maintained by Gerard BlokdykControl text last updated

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