PART 3

Law enforcement processing
CHAPTER 5

Transfers of personal data to third countries etc

Subsequent transfers

Subsequent transfers
78
1
Where personal data is transferred in accordance with section 73, the transferring controller must make it a condition of the transfer that the data is not to be further transferred to a third country or international organisation without the authorisation of the transferring controller or another competent authority.
2
A competent authority may give an authorisation under subsection (1) only where the further transfer is necessary for a law enforcement purpose.
3
In deciding whether to give the authorisation, the competent authority 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 ..., an authorisation may not be given under 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 either to the public security of ... a third country or to the essential interests of a member State, and
b
the authorisation cannot be obtained in good time.
6
Where a transfer is made without the authorisation mentioned in subsection (4), the authority in the member State which would have been responsible for deciding whether to authorise the transfer must be informed without delay.
Words in s. 78(5)(a) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 45(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 78(4) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 45(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
S. 78 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)