PART VIII
TRANSBORDER FLOW OF PERSONAL INFORMATION OUTSIDE LESOTHO
63
Personal information shall only be transferred to recipients in a
To a recipient in a
Member State that has transposed the SADC data protection
Member
requirements:
State
that
has
(a) where the recipient establishes that the data is necessary for
transposed
the
the performance of a task carried out in the public interest or
SADC
data
protection
pursuant to the lawful functions of a data controller, or
(b) where the recipient establishes the necessity of having the data
requirements
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 Member State.
(2)The controller shall, notwithstanding 1 above, be required to
make a provisional evaluation of the necessity for the transfer of
the data.
(3)The recipient shall ensure that the necessity for the transfer of
the data can be subsequently verified.
(4)The data controller shall ensure that the recipient shall process
the personal information only for the purposes for which they were
transferred.
64
To
Personal information shall only be transferred to recipients, other than
a
Member
in Member States of the SADC, or which are not subject to national law
state that has not
adopted pursuant to the SADC data protection requirements, if an
transposed
adequate level of protection is ensured in the country of the recipient
the