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GDPR Transfers from A Public Registrar

May 08, 2024 posted by Steve Brownstein

Transfers Made from a Public Register

According to Article 49(1)(g), transfers to third countries can take place when the “transfer is made from a public registry”. Such register must be open to consultation by the public in general, or by anyone who can demonstrate a legitimate interest. Two conditions must be met: firstly, the conditions for consultation set by law must be fulfilled; and secondly, the principles of the GDPR must be applied, meaning that the controller needs to asses if the transfer is appropriate, taking the interests and rights of the data subject into consideration. Once again,  the restriction in Article 49(3) GDPR is apposite here, and this derogation cannot apply to activities carried out by public authorities in the exercise of their public powers.