Section 76 — Data Protection Act 2018: Transfers based on special circumstances

Transfers based on special circumstances 76 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.

1 A transfer of personal data is necessary for a special purpose if it is necessary—

a to protect the vital interests of the data subject or another person, b to safeguard the legitimate interests of the data subject, c for the prevention of an immediate and serious threat to the public security or national security of ... a third country or the United Kingdom , d in particular circumstances, for any of the law enforcement purposes, or e in particular circumstances, for a legal purpose.

2 But a transfer of personal data is not necessary for a special purpose by virtue of subsection (1)(d) or (e) if the controller determines that fundamental rights and freedoms of the data subject override the public interest in the transfer. 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.

3 Where a transfer of data takes place in reliance on this section —

a the transfer must be documented, b the documentation must be provided to the Commissioner on request, and c the documentation must include, in particular—

i the date and time of the transfer, ii the name of and any other pertinent information about the recipient, iii the justification for the transfer, and iv a description of the personal data transferred.

4 For the purposes of this section, a transfer is necessary for a legal purpose if—

a it is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings) relating to any of the law enforcement purposes, b it is necessary for the purpose of obtaining legal advice in relation to any of the law enforcement purposes, or c it is otherwise necessary for the purposes of establishing, exercising or defending legal rights in relation to any of the law enforcement purposes.