(1) Notwithstanding section 96(1)(b) and the provisions of any relevant international agreement, a controller may, in an individual case, transfer personal data directly to a recipient located in a third country who is not a controller or organisation referred to in section 96(1)(b) where the relevant provisions of this Part are complied with and each of the following conditions are fulfilled -

(a) the transfer is necessary for the performance of a function of the controller making the transfer under the law of the European Union or the law of the State for a purpose specified in section 70(1)(a);

(b) the transfer is in the public interest;

(c) the controller is satisfied that the fundamental rights and freedoms of the data subject do not override the public interest necessitating the transfer in the particular instance;