PART 3Law enforcement processing
CHAPTER 5Transfers of personal data to third countries etc
General principles for transfers
76Transfers on the basis of special circumstances
1
A transfer of personal data to a third country or international organisation is based on special circumstances where the transfer is necessary—
a
to protect the vital interests of the data subject or another person,
b
to safeguard the legitimate interests of the data subject,
c
for the prevention of an immediate and serious threat to the public security of F1... a third country,
d
in individual cases for any of the law enforcement purposes, or
e
in individual cases for a legal purpose.
2
But subsection (1)(d) and (e) do not apply if the controller determines that fundamental rights and freedoms of the data subject override the public interest in the transfer.
3
Where a transfer of data takes place in reliance on subsection (1)—
a
the transfer must be documented,
b
the documentation must be provided to the Commissioner on request, and
c
the documentation must include, in particular—
i
the date and time of the transfer,
ii
the name of and any other pertinent information about the recipient,
iii
the justification for the transfer, and
iv
a description of the personal data transferred.
4
For the purposes of this section, a transfer is necessary for a legal purpose if—
a
it is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings) relating to any of the law enforcement purposes,
b
it is necessary for the purpose of obtaining legal advice in relation to any of the law enforcement purposes, or
c
it is otherwise necessary for the purposes of establishing, exercising or defending legal rights in relation to any of the law enforcement purposes.