S.L. 586.8 Art. 44Derogations for specific situations. 29

(1) In the absence of an adequacy decision, or of appropriate safeguards pursuant to regulation 43, a transfer or a category of transfers of personal data to a third country or an FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE

EXECUTION OF CRIMINAL PENALTIES international organisation may take place only on the conditions that the transfer is necessary:

(a) in order to protect the vital interests of the data subject or another person;

(b) to safeguard legitimate interests of the data subject, where the law so provides;

(c) for the prevention of an immediate and serious threat to public security of a Member State or a third country;

(d) in individual cases for the purposes set out in regulation 3(1); or

(e) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in regulation 3(1).

(2) Personal data shall not be transferred if the transferring competent authority determines that fundamental rights and freedoms of the data subject concerned override the public interest in a transfer set out in sub-regulation (1)(d) and (e).

(3) The provisions of regulation 43(3) to (5), on the transfers subject to appropriate safeguards, shall apply mutatis to transfers pursuant to sub-regulation (1). mutandis