Source · Select Committees · Human Rights (Joint Committee)
Recommendation 88
88
Accepted
ILPA notes that EU law specifically prohibits the transfer of personal data to a third...
Conclusion
ILPA notes that EU law specifically prohibits the transfer of personal data to a third country or international organisation for law enforcement purposes, “if there is a real risk that, as a result of such a transfer, the data subject might be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.’”127
Government Response Summary
The government acknowledged the concern about data transfer, explaining that Clause 35 engages derogations for public interest but still complies with UK GDPR principles and requires due diligence in safeguarding personal data, especially sensitive information.
Government Response
Accepted
HM Government
Accepted
We thank the Committee for its consideration of Clause 35 and note the concern about the transfer of personal data. The Bill does not provide a broad-brush approach or disapplication of data protection safeguards. Instead, it simply provides that for the purpose of international transfers, such processing is taken to be necessary for important reasons of public interest, meaning a derogation will be engaged. The processing will still need to comply with the general principles (Article 5 UK GDPR), lawful basis (Article 6 UK GDPR), which will generally require that processing is necessary for the performance of a task in the public interest and, in respect of any special category data, that the processing is necessary for reasons of substantial public interest (Article 9 UK GDPR). In this case, the public interest is that such processing may be used to support decisions relating to immigration permission after a person has been evacuated or had their exit facilitated from a third state. The Home Office will ensure that due diligence is paid when sharing any personal data, to ensure it is appropriately safeguarded, with particular attention paid to which third parties and countries the data is shared with.