Schedule 4Data Protection Law, 2017
TRANSFERS TO WHICH EIGHTH PRINCIPLE DOES NOT APPLY
1The data subject has consented to the transfer.
2The transfer is necessary for —
(a)the performance of a contract between the data subject and the data controller; or
(b)the taking of steps at the request of the data subject with a view to the data subject’s entering into a contract with the data controller.
3The transfer is necessary for —
(a)the conclusion of a contract between the data controller and a person other than the data subject, being a contract that is entered into at the request of the data subject, or is in the interests of the data subject; or
(b)the performance of such a contract.
4The transfer is necessary for reasons of substantial public interest.
5The transfer —
(a)is necessary for the purpose of, or in connection with, any legal proceedings;
(b)is necessary for the purpose of obtaining legal advice; or
(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
6The transfer is necessary in order to protect the vital interests of the data subject.
7The transfer is part of the personal data on a public register and any conditions subject to which the register is open to inspection are complied with by a person to whom the data are or may be disclosed after the transfer.
8The transfer is made on terms of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects.
9The transfer has been authorized by the Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects.
10The transfer is required under international cooperation arrangements between intelligence agencies or between regulatory agencies to combat organized crime, terrorism or drug trafficking or to carry out other cooperative functions.
11The Cabinet may, by regulations, specify in broad, non-exhaustive terms —
(a)circumstances in which a transfer shall be taken for the purposes paragraph 4 to be necessary for reasons of substantial public interest; and
(b)circumstances in which a transfer not required by or under an enactment shall not be taken, for the purposes of paragraph 4, to be necessary for reasons of substantial public interest.