Identify basis for PII transfer between jurisdictions

The organization should identify and document the relevant basis for transfers of PII between jurisdictions. ... - Licensed content not shown -

GDPR (EU)

45.2.a: Article(45)(2)(a): When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements: (a) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred;
45.3: Article(45)(3): The Commission, after assessing the adequacy of the level of protection, may decide, by means of implementing act, that a third country, a territory or one or more specified sectors within a third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 of this Article. The implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into account all relevant developments in the third country or international organisation. The implementing act shall specify its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to in point (b) of paragraph 2 of this Article. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 93(2).
45.5: Article(45)(5): The Commission shall, where available information reveals, in particular following the review referred to in paragraph 3 of this Article, that a third country, a territory or one or more specified sectors within a third country, or an international organisation no longer ensures an adequate level of protection within the meaning of paragraph 2 of this Article, to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of this Article by means of implementing acts without retro-active effect. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3).

LGPD (BRA)

Art.9: The data subject has the right to easily access information regarding the processing of data, which must be made available in a clear, adequate, and ostensive manner, among other characteristics outlined in regulations to comply with the principle of free access: I – Specific purpose of processing; II – Form and duration of processing, respecting commercial and industrial secrecy; III – Identification of the controller; IV – The controller’s contact information; V – Information regarding the shared use of data by the controller and the purpose of the sharing; VI – Liabilities of the processing agents; and VII – The data subject’s rights with explicit mention of the rights contemplated in Article 18 of this Law. § 1 If consent is requested, such consent will be considered void in case the information provided to the data subject have misleading or abusive content or were not previously presented in a transparent, clear, and unambiguous manner. § 2 If consent is requested, if there is a change in the purpose of the processing of personal data that is not compatible with the original consent, the controller must inform the data subjects beforehand, who may revoke the consent, if they disagree with the changes. § 3 When the processing of personal data is a condition for the provision of a good or service or the exercise of a right, the data subjects will be informed in a highlighted manner regarding this fact and the means through which they may exercise the rights identified in Article 18 of this Law.
Art.33: The international transfer of personal data will only be permitted in the following cases: I – To countries or international organizations that offer a level of protection of personal data that is adequate to the protection provided in this Law; II – When the controller offers and proves guarantees of compliance with the principles, the rights of the data subject, and the data protection regime outlined in this Law, in the form of: a) Specific contractual clauses for a particular transfer; b) Standard contractual clauses; c) Binding corporate rules; d) Certificates, and codes of conduct regularly issued; III – When necessary for international legal cooperation between government intelligence, investigation, and prosecution bodies, according to instruments of international law; IV – When necessary for the protection of life or the physical safety of the data subject or third party; V – When authorized by the National Data Protection Authority; VI – When resulting from a commitment made in an international cooperation agreement; VII – When necessary for the execution of a public policy or the fulfillment of a government legal duty, being publicly disclosed under the terms of item I of the head provision of Article 23 of this Law; VIII – When the data subject has provided specific and highlighted consent for the transfer, with prior information on the international character of the operation, clearly distinguishing this from the other purposes; or IX – When necessary to answer to scenarios outlined in items II, V, and VI Article 7 of this Law. Sole Paragraph. For the purposes of item I of this Article, public legal entities referred to in the sole paragraph of Article 1 of Law. 12,527, dated of November 18, 2011 (Information Access Law), within the scope of their legal powers, and responsible individuals, within the scope of their activities, may request from the National Data Protection Authority an evaluation of the level of protection of personal data provided by a country or international organization.
Art.46: Processing agents must adopt security measures, both technical and administrative, suitable to protect personal data from unauthorized access and accidental or illegal destruction, loss, change, communication, or dissemination events, or any other occurrence resulting from inappropriate or illegal processing. § 1 The National Data Protection Authority may determine minimum technical standards for the purposes of the provisions this Article, considering the nature of the information processed, the specific. characteristics of the processing, and the current state of technology, especially in the case of sensitive personal data, as well as the principles outlined in Article 6 of this Law.§ 2 The measures contemplated in the head provision of this Article must be considered from the phase of the development of the good or service until its execution.

CCPA (US, CA)

S.1798.110.b.and.c: (b) A business that collects personal information about a consumer shall disclose to the consumer, pursuant to paragraph (3) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) upon receipt of a verifiable request from the consumer. (c) A business that collects personal information about consumers shall disclose, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section 1798.130: (1) The categories of personal information it has collected about that consumer. (2) The categories of sources from which the personal information is collected. (3) The business or commercial purpose for collecting or selling personal information. (4) The categories of third parties with whom the business shares personal information. (5) The specific pieces of personal information the business has collected about that consumer. (d) This section does not require a business to do the following: (1) Retain any personal information about a consumer collected for a single one-time transaction if, in the ordinary course of business, that information about the consumer is not retained. (2) Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information.