Criminal Records (Exchange of Information) Act 2019
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Conditions for use of personal data | ||
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11. (1) Subject to subsection (3), personal data transmitted under Article 7(1) or (4) of the Framework Decision to the Central Authority for the purposes of criminal proceedings may be used only for the purposes of the criminal proceedings for which it was requested by the Central Authority as specified in the form referred to in section 6 (4). | ||
(2) Subject to subsection (3), personal data transmitted under Article 7(2) or (4) of the Framework Decision to the Central Authority for a purpose specified in Schedule 3 may be used only for the purposes for which it was requested by the Central Authority, as specified in the form referred to in section 6 (4), and subject to the limitations specified by the central authority who transmitted such information. | ||
(3) Personal data transmitted under Article 7(1), (2) and (4) of the Framework Decision to the Central Authority may be used for the purpose of preventing an immediate and serious threat to public security. | ||
(4) Where personal data, received by the Central Authority from a central authority of a Member State under Article 4 of the Framework Decision, is transmitted in accordance with section 12 to a third country, the Central Authority shall, when transmitting such information to the third country, specify that such personal data— | ||
(a) if transmitted for the purposes of criminal proceedings, may only be used by that third country for the purposes of the criminal proceedings for which it was requested, and | ||
(b) if transmitted for a purpose specified in Schedule 3 , may only be used by that third country for the purposes for which it was requested and subject to any limitations specified by the central authority who originally transmitted such information to the Central Authority. | ||
(5) This section does not apply to personal data obtained by the Central Authority under the Framework Decision that originated from the State. | ||
(6) This section is without prejudice to— | ||
(a) Part 5 of the Act of 2018 insofar as it applies to personal data (within the meaning of that Part) referred to in this section in respects other than those related to the use of such data, and | ||
(b) the Data Protection Regulation and the Act of 2018 (other than Part 5) insofar as that Regulation and, as the case may be, that Act apply to personal data (within the meaning of that Regulation) referred to in this section. | ||
(7) In this section— | ||
“Act of 2018” means the Data Protection Act 2018 ; | ||
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)3 . | ||