Data (Use and Access) Act 2025

Prospective

Transfers based on special circumstances U.K.

7 (1) Section 76 (transfers on the basis of special circumstances) is amended as follows.

(2) In the heading, for “on the basis of” substitute “based on”.

(3) Before subsection (1) insert—

“(A1) A transfer of personal data to a third country or international organisation is based on special circumstances where—

(a) it is made in the absence of approval by regulations under section 74AA and of compliance with section 75 (appropriate safeguards), and

(b) it is necessary for a special purpose.”

(4) In subsection (1)—

(a) for the words before paragraph (a) substitute “A transfer of personal data is necessary for a special purpose if it is necessary—”,

(b) in paragraph (c)—

(i) after “public security” insert “or national security”, and

(ii) at the end insert “or the United Kingdom”,

(c) in paragraph (d), for “in individual cases” substitute “in particular circumstances,”, and

(d) in paragraph (e), for “in individual cases” substitute “in particular circumstances,”.

(5) In subsection (2), for “But subsection (1)(d) and (e) do not apply” substitute “But a transfer of personal data is not necessary for a special purpose by virtue of subsection (1)(d) or (e)”.

(6) After subsection (2) insert—

“(2A) In accordance with the third data protection principle, the amount of personal data transferred in reliance on this section must not be excessive in relation to the special purpose relied on.”

(7) In subsection (3), for “subsection (1)” substitute “this section”.

Commencement Information

I1 Sch. 8 para. 7 not in force at Royal Assent, see s. 142(1)