FDPA Part 3 - § 80
Data transfers without appropriate safeguards
- If in derogation from Section 78 (1) no. 2, no decision pursuant to Article 36 (3) of Directive (EU) 2016/680 or appropriate safeguards as referred to in Section 79 (1) exist, transfers which meet the remaining requirements of Section 78 shall be permitted also if they are necessary
- to protect the vital interests of a natural person;
- to safeguard legitimate interests of the data subject;
- to prevent an immediate and serious threat to the public security of a country;
- in individual cases for the purposes referred to in Section 45; or
- in an individual case for the establishment, exercise or defence of legal claims relating to the purposes referred to in Section 45.
- The controller shall not transfer data pursuant to subsection 1 if the fundamental rights of the data subject override the public interest in the transfer.
- Section 79 (2) shall apply accordingly to transfers pursuant to subsection 1.