PART 3Law enforcement processing
CHAPTER 5Transfers of personal data to third countries etc
Transfers to particular recipients
77Transfers of personal data to persons other than relevant authorities
1
The additional conditions referred to in section 73(4)(b)(ii) are the following four conditions.
2
Condition 1 is that the transfer is strictly necessary in a specific case for the performance of a task of the transferring controller as provided by law for any of the law enforcement purposes.
3
Condition 2 is that the transferring controller has determined that there are no fundamental rights and freedoms of the data subject concerned that override the public interest necessitating the transfer.
4
Condition 3 is that the transferring controller considers that the transfer of the personal data to a relevant authority in the third country would be ineffective or inappropriate (for example, where the transfer could not be made in sufficient time to enable its purpose to be fulfilled).
5
Condition 4 is that the transferring controller informs the intended recipient of the specific purpose or purposes for which the personal data may, so far as necessary, be processed.
6
Where personal data is transferred to a person in a third country other than a relevant authority, the transferring controller must inform a relevant authority in that third country without undue delay of the transfer, unless this would be ineffective or inappropriate.
7
The transferring controller must—
a
document any transfer to a recipient in a third country other than a relevant authority, and
b
inform the Commissioner about the transfer.
8
This section does not affect the operation of any international agreement in force between member States and third countries in the field of judicial co-operation in criminal matters and police co-operation.