OpenLegislation

Regulation 41 Transmission to private parties

Original text. Later amendments are not shown.

(1)

A UK competent authority may transmit to a private party personal data received from or made available to it by a non-UK competent authority only if—

(a)

the authority from which the data were obtained has consented in compliance with the applicable national law to its transmission;

(b)

no legitimate specific interests of the data subject prevent transmission; and

(c)

in the particular case, transmission by the UK competent authority is essential for—

(i)

performance of a task lawfully assigned to it;

(ii)

the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;

(iii)

prevention of an immediate and serious threat to public security; or

(iv)

prevention of serious harm to the rights of individuals.

(2)

The UK competent authority transmitting the data to a private party shall inform the private party of the purposes for which the data may exclusively be used.

(3)

In this regulation, “private party” does not include a body which exercises functions of a public nature, whether under contract or otherwise, when engaging in an activity that involves the exercise of those functions.