S.L. 586.8 Art. 45Transfers of personal data to recipients established in third countries. 30 [S.L.

(1) By way of derogation from regulation 41(1)(b)

and without prejudice to any international agreement referred to in sub-regulation (2), competent authorities, in individual and specific cases, may transfer personal data directly to recipients established in third countries only if the other provisions of these regulations are complied with and all of the following conditions are fulfilled:

(a) the transferring competent authority is a public authority;

(b) the transfer 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);

(c) the transferring competent authority determines that no fundamental rights and freedoms of the data subject concerned override the public interest necessitating the transfer in the case at hand;

(d) the transferring competent authority considers that the transfer to an authority that is competent for the purposes referred to in regulation 3(1) in the third country is ineffective FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE 586.08 EXECUTION OF CRIMINAL PENALTIES or inappropriate, in particular because the transfer cannot be achieved in good time;

(e) the authority that is competent for the purposes referred to in regulation 3(1) in the third country is informed without undue delay, unless this is ineffective or inappropriate;

(f) the transferring competent authority informs the recipient of the specified purpose or purposes for which the personal data are only to be processed by the recipient provided that such processing is necessary.

(2) An international agreement referred to in sub-regulation

(1) shall be any bilateral or multilateral international agreement in force between Malta and third countries in the field of judicial cooperation in criminal matters and police cooperation.

(3) The transferring competent authority shall inform the Commissioner about transfers under this regulation.

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