2023 No. 1221
DATA PROTECTION

The Data Protection (Law Enforcement) (Adequacy) (Bailiwick of Jersey) Regulations 2023

Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 74A(1)(a), (3), (5) and (6)(b) of the Data Protection Act 2018 (“the 2018 Act”)1.

In accordance with section 74A(1)(a) and (3) of the 2018 Act, the Secretary of State considers that the Bailiwick of Jersey ensures an adequate level of protection of personal data for certain transfers.

In accordance with section 182(2) of the 2018 Act, the Secretary of State has consulted with the Commissioner2 and such other persons as the Secretary of State considered appropriate.

Citation, commencement, interpretation and extent1.

(1)

These Regulations may be cited as the Data Protection (Law Enforcement) (Adequacy) (Bailiwick of Jersey) Regulations 2023 and come into force on 13th December 2023.

(2)

In these Regulations “Jersey” means the Bailiwick of Jersey.

(3)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

Adequate level of protection2.

(1)

For the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) the Secretary of State specifies Jersey as ensuring an adequate level of protection of personal data3 for a transfer described in paragraph (2).

(2)

A transfer described by this paragraph is a transfer of personal data by a competent authority4 to a relevant authority5 in Jersey which is subject to the Data Protection (Jersey) Law 20186, as that Law forms part of the law of Jersey and has effect from time to time.

Independent supervisory authority3.

The independent supervisory authority7 in Jersey is the Data Protection Authority established by Article 2(1) of the Data Protection Authority (Jersey) Law 20188, as it forms part of the law of Jersey.
Chris Philp
Minister of State
Home Office
Explanatory Note
(This note is not part of the Regulations)

These Regulations specify the Bailiwick of Jersey (“Jersey”) as a third country which provides an adequate level of protection of personal data for the purposes of Part 3 (law enforcement processing) of the Data Protection Act 2018 (c. 12).

This means that personal data can be transferred by UK competent authorities to relevant authorities in Jersey (authorities with comparable law enforcement functions to a UK competent authority), which are subject to the relevant Jersey data protection legislation (specifically the Data Protection (Jersey) Law 2018) without the need for any specific authorisation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.