76. Transfers on the basis of special circumstances
(1) A transfer of personal data to a third country or international organisation is based on special circumstances where the transfer is necessary -
(a) to protect the vital interests of the data subject or another person,
(b) to safeguard the legitimate interests of the data subject,
(c) for the prevention of an immediate and serious threat to the public security of a third country,
(d) in individual cases for any of the law enforcement purposes, or
(e) in individual cases for a legal purpose.
(2) But subsection (1)(d) and (e) do not apply if the controller determines that fundamental rights and freedoms of the data subject override the public interest in the transfer.
(3) Where a transfer of data takes place in reliance on subsection (1) -
(a) the transfer must be documented,
(b) the documentation must be provided to the Commissioner on request, and
(c) the documentation must include, in particular -
(i) the date and time of the tra
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