On 22 November 2023, the Data Protection (Law Enforcement) (Adequacy) (Bailiwick of Jersey) Regulations (2023 No. 122) were presented to the Houses of Parliament, which designates the Bailiwick of Jersey as a third country providing an adequate level of protection for personal data under Part 3 of the Data Protection Act 2018 (DPA), specifically addressing law enforcement processing. The regulations fall under the negative procedure, according to which the Parliament has to reject them within around 40 days, otherwise, they are considered automatically approved. The designation facilitates the transfer of personal data from UK competent authorities to relevant authorities in Jersey, which possess comparable law enforcement functions, without necessitating specific authorisation. The regulations are aligned with the cross-border transfer regulation outlined in the Data Protection Act 2018, which implements the EU General Data Protection Regulation (GDPR) in the United Kingdom. Notably, the DPA grants the Secretary of State the authority to issue regulations restricting the transfer of personal data to third countries that have not undergone or fulfilled an adequacy assessment by the European Commission.
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