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FDPA Part 2 - § 25

Transfer of data by public bodies

  1. 1The transfer of personal data by public bodies to public bodies shall be permitted if it is necessary for the transferring body or the third party to whom the data are transferred to perform their duties and the conditions are met which would permit processing pursuant to Section 23. 2The third party to whom the data are transferred shall process the transferred data only for the purpose for which they were transferred. 3Processing for other purposes shall be permitted only if the conditions of Section 23 are met.
  2. 1Public bodies shall be permitted to transfer personal data to private bodies if
    1. transfer is necessary for the transferring body to perform its duties and the conditions are met which would permit processing pursuant to Section 23;
    2. the third party to whom the data are transferred credibly presents a legitimate interest in knowledge of the data to be transferred and the data subject does not have a legitimate interest in not having the data transferred; or
    3. processing is necessary for the establishment, exercise or defence of legal claims;

    and the third party has promised the public body transferring the data that it will process them only for the purpose for which they were transferred. 2Processing for other purposes shall be permitted if transfer pursuant to the first sentence would be permitted and the transferring body has consented to the transfer.

  3. The transfer of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall be permitted if the conditions of subsection 1 or 2 are met and an exception pursuant to Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.

Related Articles of the GDPR

Art. 6 GDPR Lawfulness of processing