(1)Subsections (3) and (4) apply where, for a law enforcement purpose, a controller transmits or otherwise makes available personal data to a non-UK recipient .
(2)In this section—
(3)The controller must consider whether, if the personal data had instead been transmitted or otherwise made available within the United Kingdom to another competent authority, processing of the data by the other competent authority would have been subject to any restrictions by virtue of any enactment or rule of law.
(4)Where that would be the case, the controller must inform the non-UK recipient that the data is transmitted or otherwise made available subject to compliance by that person with the same restrictions (which must be set out in the information given to that person).
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 80 3
[2023] EWHC 2653 (KB) · 27 October 2023Limits
Requires a controller to consider whether equivalent domestic transmission would have been subject to restrictions. It forms part of the statutory framework governing transfers to EU recipients. (see paras [149]-[150])
Permits relevant restrictions to be communicated to an EU recipient where equivalent domestic processing would have been restricted. The provision was treated as the principal statutory form of restriction available for an otherwise required transfer. (see paras [149]-[150])
Generally bars additional restrictions on data transmitted to an EU recipient, except for restrictions communicated under subsection (4). The bar applies only where the transfer is required by law; whether that condition was met remained arguable where fundamental rights were engaged. (see paras [150]-[152])
[2019] EWHC 60 (Admin) · 18 January 2019Limits
Section 80 did not convert the United Kingdom’s domestic restriction on punishments into a restriction on foreign data processing. It could not be used to require a foreign state to adopt particular sentences (see paras [212]-[216]).
[2020] UKSC 10 · 25 March 2020Limits
Lord Kerr was inclined to accept that the special-processing restriction did not apply to the data subject, but the court reached no final conclusion because the transfer was unlawful on other grounds. (see para [159])
What each judgment says about section 80 is in the case-law panel in the full Act.