S.L. 586.8 Art. 38Communication of personal data to government departments, public bodies and entities established by law, and to private parties.  Amended: L.N. 108 of 2020. 26 [S.L.

(1) A communication of personal data to government departments or other public entities or bodies established by law, or to other private parties may only take place, if:

(a) the communication is strictly necessary for the performance of a task of the transferring competent authority as provided for by law for the purposes set out in regulation 3(1);

(b) the communication is strictly necessary in order to protect the vital interests of the data subject or another person;

(c) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in regulation 3(1) or resulting from, or otherwise relating to, a criminal offence:

Provided that the transferring competent authority determines that fundamental rights and freedoms of the data subject FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE 586.08 EXECUTION OF CRIMINAL PENALTIES concerned do not override the interests necessitating the communication:

Provided further that the data communicated to private parties shall be limited to what is strictly necessary to adequately identify the persons mentioned under regulation 6(a) in order to exercise his rights under this paragraph.

(d) there exists a legal obligation or authorisation to communicate such personal data; or

(e) the Commissioner authorises such communication of personal data.

(2) In exceptional circumstances, a communication of personal data to government departments or other public entities or bodies established by law, or to other private parties may take place, if:

(a) it is clearly in the interest of the data subject and the data subject himself has consented to the communication; or

(b) it is strictly necessary for the prevention of a serious and imminent danger.