Section 77 — Data Protection Act 2018: Additional conditions for transfers in reliance on section 73(4)(b)

Additional conditions for transfers in reliance on section 73(4)(b) 77 1 The additional conditions referred to in section 73(4)(b)(ii) are the following four conditions.

2 Condition 1 is that the transfer is strictly necessary in a specific case for the performance of a task of the transferring controller as provided by law for any of the law enforcement purposes.

3 Condition 2 is that the transferring controller has determined that there are no fundamental rights and freedoms of the data subject concerned that override the public interest necessitating the transfer.

4 Condition 3 is that the transferring controller considers that the transfer of the personal data to a relevant authority in the third country would be ineffective or inappropriate (for example, where the transfer could not be made in sufficient time to enable its purpose to be fulfilled).

5 Condition 4 is that the transferring controller informs the intended recipient of the specific purpose or purposes for which the personal data may, so far as necessary, be processed.

6 Where personal data is transferred to a person in a third country in reliance on section 73(4)(b) , the transferring controller must inform a relevant authority in that third country without undue delay of the transfer, unless this would be ineffective or inappropriate.

7 The transferring controller must—

a document any transfer to a recipient in a third country that takes place in reliance on section 73(4)(b) , and b inform the Commissioner about the transfer.

8 This section does not affect the operation of any international agreement in force between the United Kingdom and third countries in the field of judicial co-operation in criminal matters and police co-operation.