2023 No. 744
Data Protection

The Data Protection (Law Enforcement) (Adequacy) (Bailiwick of Guernsey) 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 Guernsey 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 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 Guernsey) Regulations 2023 and come into force on 28th July 2023.

(2)

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

(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 Guernsey 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 Guernsey which is subject to the Data Protection (Law Enforcement and Related Matters) (Bailiwick of Guernsey) Ordinance, 20186, as that Ordinance forms part of the law of Guernsey and has effect from time to time.

Independent supervisory authority3.

The independent supervisory authority7 in Guernsey is the Data Protection Authority established by section 60 of the Data Protection (Bailiwick of Guernsey) Law, 2017 as it forms part of the law of Guernsey8.
Chris Philp
Minister of State
Home Office
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations specify the Bailiwick of Guernsey (“Guernsey”) 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 Guernsey (authorities with comparable law enforcement functions to a UK competent authority), which are subject to the relevant Guernsey data protection legislation (specifically the Data Protection (Law Enforcement and Related Matters) (Bailiwick of Guernsey) Ordinance, 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.