Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 77 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 3Law enforcement processing
CHAPTER 5Transfers of personal data to third countries etc
Transfers to particular recipients
77Transfers of personal data to persons other than relevant authorities
(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 other than a relevant authority, 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 other than a relevant authority, and
(b)
inform the Commissioner about the transfer.
(8)
This section does not affect the operation of any international agreement in force between F1the United Kingdom and third countries in the field of judicial co-operation in criminal matters and police co-operation.