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The Data Protection (Law Enforcement) (Adequacy) (Isle of Man) Regulations 2025

S.I. 2025/89 · Made 27 January 2025

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 27th January 2025

Laid before Parliament 30th January 2025

Coming into force 20th February 2025

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 Isle of Man 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 with 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 and extent
  2. 2Adequate level of protection
  3. 3Independent supervisory authority
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Data Protection (Law Enforcement) (Adequacy) (Isle of Man) Regulations 2025 and come into force on 20th February 2025.

(2)

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 the Isle of Man 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 the Isle of Man which is subject to the Data Protection (Application of LED) Order 2018f4 and the GDPR and LED Implementing Regulations 2018f5, as that Order and those Regulations form part of the law of the Isle of Man and have effect from time to time.

3Independent supervisory authority

The independent supervisory authorityf1 in the Isle of Man is the Information Commissioner established by Regulation 79 of the GDPR and LED Implementing Regulations 2018f2, as it forms part of the law of the Isle of Man.

Signature

Diana Johnson

Minister of State

Home Office

27th January 2025

Explanatory note

(This note is not part of the Regulations)

These Regulations specify the Isle of Man 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 the Isle of Man (authorities with comparable law enforcement functions to a UK competent authority) that are subject to the relevant Isle of Man data protection legislation (specifically the Data Protection (Application of LED) Order 2018 and the GDPR and LED Implementing Regulations 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.