PART 2General processing

CHAPTER 2The GDPR

Transfers of personal data to third countries etc

18Transfers of personal data to third countries etc

1

The Secretary of State may by regulations specify, for the purposes of Article 49(1)(d) of the GDPR—

a

circumstances in which a transfer of personal data to a third country or international organisation is to be taken to be necessary for important reasons of public interest, and

b

circumstances in which a transfer of personal data to a third country or international organisation which is not required by an enactment is not to be taken to be necessary for important reasons of public interest.

2

The Secretary of State may by regulations restrict the transfer of a category of personal data to a third country or international organisation where—

a

the transfer is not authorised by an adequacy decision under Article 45(3) of the GDPR, and

b

the Secretary of State considers the restriction to be necessary for important reasons of public interest.

3

Regulations under this section—

a

are subject to the made affirmative resolution procedure where the Secretary of State has made an urgency statement in respect of them;

b

are otherwise subject to the affirmative resolution procedure.

4

For the purposes of this section, an urgency statement is a reasoned statement that the Secretary of State considers it desirable for the regulations to come into force without delay.