351.1
Mutual Assistance
In derogation from paragraph 1, personal data may be disclosed to the competent authority of
a third country or to an international body if disclosure is necessary in the case in question:
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a.
to protect the life or physical integrity of the data subject or a third party;
b.
to prevent an imminent and serious threat to the public security of a Schengen State or
of a third country;
c.
to prevent, detect or prosecute a criminal offence or to execute a criminal judgment, unless overriding legitimate interests of the data subject preclude disclosure;
d.
to exercise or enforce legal rights against an authority competent to prevent, detect or
prosecute a criminal offence or to execute a criminal judgment, unless overriding legitimate interests of the data subject preclude disclosure.
Art. 11g
Disclosure of personal data by a Schengen State to a third country or an
international body
Personal data that are transmitted or made available by a Schengen State may be disclosed to
the competent authority of a third country or to an international body if:
1
a.
disclosure is required to prevent, detect or prosecute a criminal offence or to execute a
criminal judgment;
b.
the Schengen State that transmitted or made available the personal data has given prior
consent to disclosure; and
c.
the requirements of Article 11f are met.
In derogation from paragraph 1 letter b, personal data may be disclosed in an individual case
if:
2
3
a.
the prior consent of the Schengen State cannot be obtained in time; and
b.
disclosure is necessary to prevent an imminent and serious threat to the public security
of a Schengen State or of a third country or to protect the essential interests of a
Schengen State.
The Schengen State shall be notified immediately of any disclosure under paragraph 2.
Art. 11h
Procedure for the disclosure of personal data
The competent authority shall notify the recipient about the reliability of the personal data
disclosed and of the extent to which they are up to date.
1
It shall also disclose any additional information to the recipient that may as far as possible be
used to distinguish:
2
a.
between the various categories of data subjects;
b.
between personal data based on facts and personal data based on personal assessments.
The obligation to notify the recipient does not apply if the information mentioned in paragraphs 1 and 2 is evident from the personal data themselves or from the circumstances.
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