Cap. 584 ст. 12Transfer of data to third countries. 

(1) The NPIU may transfer PNR data and the result of processing such data that is stored by the NPIU in accordance with article 13 to a third country, only on a case-by-case basis and if:

(a) the conditions laid down in the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations are met;

(b) the transfer is necessary for the purposes of this Act referred to in article 3(2);

(c) the third country agrees to transfer the data to another third country only where it is strictly necessary for the purposes of this Act referred to in article 3(2), and only with the express authorisation of the NPIU; and

(d) the same conditions as those laid down in article 10(3), (4) and (5) are met.

(2) Notwithstanding the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations, a transfer of PNR data without prior consent of the EU Member State from which the data was obtained shall be permitted in exceptional circumstances and only if:

(a) such transfer is essential to respond to a specific and actual threat related to terrorist offences or serious crime in an EU Member State or a third country; and

(b) prior consent cannot be obtained in good time.

The NPIU shall be informed without delay and the transfer shall be duly recorded and subject to an ex-post verification.

(3) The NPIU shall transfer PNR data to the competent authorities of third countries only under conditions consistent with this Act and only upon ascertaining that the use the recipients intend to make of the PNR data is consistent with those conditions and safeguards.

(4) The Data Protection Officer of the NPIU shall be informed each time the NPIU transfers PNR data pursuant to this article.