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

S.I. 2023/744 · Made 3 July 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Data Protection

Made 3rd July 2023

Laid before Parliament 7th July 2023

Coming into force 28th July 2023

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”)f1.

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 Commissionerf2 and such other persons as the Secretary of State considered appropriate.

Annotations to the whole text

Footnotes

f1

2018 c. 12 (“the 2018 Act”); section 74A was inserted by S.I. 2019/419. There are other amendments to the 2018 Act but none are relevant.

f2

See section 3(8) of the 2018 Act for the definition of “the Commissioner”.

Contents

  1. 1Citation, commencement, interpretation and extent
  2. 2Adequate level of protection
  3. 3Independent supervisory authority
  4. Signature
  5. Explanatory note

1Citation, commencement, interpretation and extent

(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.

2Adequate level of protection

(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 dataf1 for a transfer described in paragraph (2).

(2)

A transfer described by this paragraph is a transfer of personal data by a competent authorityf2 to a relevant authorityf3 in Guernsey which is subject to the Data Protection (Law Enforcement and Related Matters) (Bailiwick of Guernsey) Ordinance, 2018f4, as that Ordinance forms part of the law of Guernsey and has effect from time to time.

3Independent supervisory authority

The independent supervisory authorityf1 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 Guernseyf2.

Signature

Chris Philp

Minister of State

Home Office

3rd July 2023

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.