NetherlandsWet politiegegevens Article 17a, Transfers of Police Data to Third Countries
In force since .
A cross border transfer rule binding government bodies.
- Instrument type
- an act of a legislature
What it requires
- Transfer police data to a controller in a third country or to an international organisation only where the transfer is necessary for the purposes of the Act and the European Commission has found an adequate level of protection (Wet politiegegevens Article 17a, paragraph 1).
- Without an adequacy decision, transfer police data only where a legally binding instrument provides appropriate safeguards, or where you have assessed all the circumstances and concluded that appropriate safeguards exist, and inform the Autoriteit persoonsgegevens of the categories of transfer made on that second ground (Article 17a, paragraph 2).
- Obtain the consent of the competent authority of the Member State from which police data originate before transferring them to a third country or international organisation, unless the transfer is necessary to prevent an immediate and serious danger to public security or to a Member State's fundamental interests and consent cannot be obtained in time (Article 17a, paragraph 4).
These lines are LexLint's reading of the law's text.
What this law does
Police data may be transferred to a controller in a third country or an international organisation where the transfer is necessary for the Act's police purposes and the European Commission has decided that the third country or organisation ensures an adequate level of protection.
Without a Commission decision, police data may be transferred where a legally binding instrument provides appropriate safeguards, or where the controller concludes after assessing all circumstances that the third country or organisation offers appropriate safeguards and informs the Autoriteit persoonsgegevens of the categories of transfer made on that ground.
Police data that originate from another Member State may be transferred only with the consent of that Member State's competent authority, unless the transfer is necessary to prevent an immediate and serious danger to public security or to a Member State's fundamental interests and consent cannot be obtained in time.
When LexLint raises it
When your app profile says your app processes personal data.
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