[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
for the purposes of paragraph (4) or (6) of Article S.12
25 of the Directive under the procedure provided for
in Article 31(2) of the Directive in relation to
whether the adequate level of protection specified in
subsection (1) of this section is ensured by a country
or territory outside the European Economic Area.
(3) The Commissioner shall inform the Commission and the
supervisory authorities of the other Member States of any case
where he or she considers that a country or territory outside the
European Economic Area does not ensure the adequate level
of protection referred to in subsection (1) of this section.
(4) (a) This section shall not apply to a transfer of data if—
(i) the transfer of the data or the information constituting the data is required or authorised by or
under—
(I) any enactment, or
(II) any convention or other instrument
imposing an international obligation on the
State,
(ii) the data subject has given his or her consent to
the transfer,
(iii) the transfer is necessary—
(I) for the performance of a contract between
the data subject and the data controller, or
(II) for the taking of steps at the request of the
data subject with a view to his or her
entering into a contract with the data
controller,
(iv) the transfer is necessary—
(I) for the conclusion of a contract between the
data controller and a person other than the
data subject that—
(A) is entered into at the request of the
data subject, and
(B) is in the interests of the data subject,
or
(II) for the performance of such a contract,
(v) the transfer is necessary for reasons of substantial
public interest,
(vi) the transfer is necessary for the purpose of
obtaining legal advice or for the purpose of or
in connection with legal proceedings or prospective legal proceedings or is otherwise necessary
for the purposes of establishing or defending
legal rights,
27