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Changes over time for: Section 36
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 25/05/2018
Status:
Point in time view as at 03/12/2014. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are currently no known outstanding effects for the The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, Section 36.
Changes to Legislation
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Time limitsU.K.
This section has no associated Explanatory Memorandum
36.—(1) A UK competent authority transmitting or making available personal data to a non-UK competent authority or to a UK competent authority referred to in Part 2 of Schedule 4 must when doing so notify the recipient of the time limits established for its retention.
(2) If—
(a)a non-UK competent authority transmits or makes available data to a UK competent authority that is subject to the Data Protection Framework Decision; and
(b)when doing so, indicates a time limit for the retention of that data,
the UK competent authority must take steps on the expiry of that time limit to erase or block the data, or review whether they are still needed.
(3) The obligation in paragraph (2) does not apply if, on the expiry of the time limit, the data are required for a current investigation, the prosecution of a criminal offence or enforcement of a criminal penalty.
(4) If a non-UK competent authority transmits or makes available data to a UK competent authority that is subject to the Data Protection Framework Decision without indicating a time limit for its retention, the UK competent authority shall apply any relevant time limits provided for under any enactment or rule of law.
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