PART 3Law enforcement processing
CHAPTER 5Transfers of personal data to third countries etc
Subsequent transfers
78Subsequent transfers
F1A1
Subsections (1) to (6) apply where a transfer to which section 73 applies takes place otherwise than in reliance on section 73(4)(aa) (transfer to processor).
(1)
(a)
(b)
that—
(i)
the personal data is not to be so transferred without such authorisation except where subsection (1A) applies, and
(ii)
where a transfer is made without such authorisation, the UK authoriser must be informed without delay.
F6(1A)
This subsection applies if—
(a)
the transfer is necessary for the prevention of an immediate and serious threat to the public security or national security of a third country or the United Kingdom, and
(b)
authorisation from the UK authoriser cannot be obtained in good time.
(2)
(3)
In deciding whether to give the authorisation, the F9UK authoriser must take into account (among any other relevant factors)—
(a)
the seriousness of the circumstances leading to the request for authorisation,
(b)
the purpose for which the personal data was originally transferred, and
(c)
the standards for the protection of personal data that apply in the third country or international organisation to which the personal data would be transferred.
(4)
In a case where the personal data was originally transmitted or otherwise made available to the transferring controller or another competent authority by a member State F10..., F11the UK authoriser may not give an authorisation for the purposes of a condition described in subsection (1) unless that member State, or any person based in that member State which is a competent authority for the purposes of the Law Enforcement Directive, has authorised the transfer in accordance with the law of the member State.
(5)
Authorisation is not required as mentioned in subsection (4) if—
(a)
the transfer is necessary for the prevention of an immediate and serious threat F12to the public security, national security or essential interests of a third country or the United Kingdom, and
(b)
the authorisation cannot be obtained in good time.
(6)
Where a transfer is made F13in a case described in subsection (4) without the authorisation mentioned in F14that subsection (whether made with or without authorisation from the UK authoriser), the UK authoriser must, without delay, inform, the authority in the member State which would have been responsible for deciding whether to authorise the transfer F15....
F16(7)
Where a transfer takes place in reliance on section 73(4)(aa) (transfer to processor), the transferring controller must make it a condition of the transfer that the data is only to be further transferred to a third country or international organisation where—
(a)
the terms of any relevant contract entered into, or authorisation given, by the transferring controller in accordance with section 59 are complied with, and
(b)
the further transfer satisfies the requirements in section 73(1).