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transfer is necessary in relation to a contract or a legal claim, where
important grounds of public interest laid down by Union or Member State
law so require or where the transfer is made from a register established by
law and intended for consultation by the public or persons having a
legitimate interest. In this latter case such a transfer should not involve the
entirety of the data or entire categories of the data contained in the register
and, when the register is intended for consultation by persons having a
legitimate interest, the transfer should be made only at the request of those
persons or if they are to be the recipients, taking into full account the
interests and fundamental rights of the data subject.
consent, where the transfer is necessary
occasional
in relation to a
contract or a legal claim, regardless of whether
in a judicial
procedure or whether in an administrative or any out-of-court
procedure,
including procedures before regulatory bodies.
Provision should also be made for the possibility for transfers
where important grounds of public interest laid down by Union or
Member State law so require or where the transfer is made from a
register established by law and intended for consultation by the
public or persons having a legitimate interest. In this latter case
such a transfer should not involve the entirety of the data or entire
categories of the data contained in the register and, when the
register is intended for consultation by persons having a legitimate
interest, the transfer should be made only at the request of those
persons or if they are to be the recipients.]
81
Whereas (87)
Text adopted by Parliament
Consolidated text of the Commission and Council
These derogations should in particular apply to data transfers required and
necessary for the protection of important grounds of public interest, for
example in cases of international data transfers between competition
authorities, tax or customs administrations, financial supervisory
authorities, between services competent for social security matters or for
public health, or to competent public authorities for the prevention,
investigation, detection and prosecution of criminal offences, including
for the prevention of money laundering and the fight against terrorist
financing. A transfer of personal data should equally be regarded as
lawful where it is necessary to protect an interest which is essential for
the data subject’s or another person’s life, if the data subject is
incapable of giving consent. Transferring personal data for such
important grounds of public interest should only be used for occasional
transfers. In each and every case, a careful assessment of all
circumstances of the transfer should be carried out.
[These derogations
rules
should in particular apply to data transfers
required and necessary for the protection of important grounds
important
reasons
of public interest, for example in cases of
international data transfers
exchange
between competition
authorities, between
tax or customs administrations, between
financial supervisory authorities, between services competent for
social security matters or to competent authorities for the
prevention, investigation, detection and prosecution of criminal
offences
or for public health
, for example in case of contact tracing
for contagious diseases or in order to reduce and/or eliminate
doping in sport. A transfer of personal data should equally be
regarded as lawful where it is necessary to protect an interest
which is essential for the data subject’s or another person’s
v ital
interests, including physical integrity or
life, if the data subject is
incapable of giving consent.
82
In the absence of an adequacy
decision, Union law or Member State law may, for important