Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - 30 January 2020
  Version 2 of 3  

80. Special processing restrictions

(1) Subsections (3) and (4) apply where, for a law enforcement purpose, a controller transmits or otherwise makes available personal data to an EU recipient or a non-EU recipient.

(2) In this section -

"EU recipient" means -

(a) a recipient in a member State other than the United Kingdom, or

(b) an agency, office or body established pursuant to Chapters 4 and 5 of Title V of the Treaty on the Functioning of the European Union;

"non-EU recipient" means -

(a) a recipient in a third country, or

(b) an international organisation.

(3) The controller must consider whether, if the personal data had instead been transmitted or otherwise made available within the United Kingdom to another competent authority, processing of the data by the other competent authority would have been subject to any restrictions by virtue of any enactment or rule of law.

(4) Where that would be the case, the controller must inform the EU recipient or non-EU recipient that the data is transmitted or otherwise made av