Recital 45a*

EDRi’s new proposed recital

Further onward transfers from competent authorities in third countries or international organisations to which personal data have been transferred should only be allowed if the onward transfer is necessary for the same specific purpose as the original transfer and the second recipient is also a competent public authority. This could for example be the case in case the onward transfer is necessary for the prevention, investigation, detection or prosecution of the same criminal offence that justified the original transfer or for the execution of the same criminal penalty that justified the original transfer. Further onward transfers should not be allowed for general law-enforcement purposes. Additionally, the competent authority that carried out the original transfer should have agreed to the onward transfer.

Justification

This new recital further explains the addition on onward transfers in Article 33 . Onward transfers should only be allowed if they are necessary for the same specific reason that justified the original transfer. Onward transfers could be allowed when they are necessary for investigating the same case that prompted the original transfer, but not for general law-enforcement purposes. To give a concrete example: data transferred in the course of the investigation of a specific crime by Third Country A could later be transferred to Third Country B, to which the suspect fled, in the course of extradition procedures. On the other hand, onward transfers should not be allowed simply for the reason that Third Country A and Third Country B routinely share law-enforcement in any case.

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