[No. 6.]
S.12
Data Protection (Amendment) Act
2003.
[2003.]
(vii) the transfer is necessary in order to prevent
injury or other damage to the health of the data
subject or serious loss of or damage to property
of the data subject or otherwise to protect his or
her vital interests, and informing the data subject of, or seeking his or her consent to, the
transfer is likely to damage his or her vital
interests,
(viii) the transfer is of part only of the personal data
on a register established by or under an enactment, being—
(I) a register intended for consultation by the
public, or
(II) a register intended for consultation by persons having a legitimate interest in its subject matter,
and, in the case of a register referred to in clause
(II) of this subparagraph, the transfer is made,
at the request of, or to, a person referred to in
that clause and any conditions to which such
consultation is subject are complied with by any
person to whom the data are or are to be transferred, or
(ix) the transfer has been authorised by the Commissioner where the data controller adduces
adequate safeguards with respect to the privacy
and fundamental rights and freedoms of individuals and for the exercise by individuals of their
relevant rights under this Act or the transfer is
made on terms of a kind approved by the Commissioner as ensuring such safeguards.
(b) The Commissioner shall inform the European Commission and the supervisory authorities of the other
states in the European Economic Area of any authorisation or approval under paragraph (a)(ix) of this
subsection.
(c) The Commissioner shall comply with any decision of
the European Commission under the procedure laid
down in Article 31.2 of the Directive made for the
purposes of paragraph 3 or 4 of Article 26 of the
Directive.
(5) The Minister may, after consultation with the Commissioner, by regulations specify—
(a) the circumstances in which a transfer of data is to be
taken for the purposes of subsection (4)(a)(v) of this
section to be necessary for reasons of substantial
public interest, and
(b) the circumstances in which such a transfer which is not
required by or under an enactment is not to be so
taken.
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