The transfer is necessary in order to protect the vital interests of the data subject. The 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 any person to whom the data are or may be disclosed after the transfer. The transfer is made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects. The transfer has been authorised by the Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects. In practice it will be wise if the data controller obtains the permission of the data subject to permit the export of data where this is thought likely to become necessary.
Retrospective permission can be particularly difficult to obtain.
The above material is provided in good faith but you should seek legal advice before relying on any aspect of it in a practical situation. As lawyers always point out, 'Circumstances alter cases'. Inded they do and a lawyer would need to consider every aspect of your business situation in order to give specific advice. If you need help in understanding how the Data Protection Act could affect your business please contact us . We would be happy to discuss your situation informally.