Section 78(4)

In a case where the personal data was originally transmitted or otherwise made available to the transferring controller or another competent authority by a member State ..., the UK authoriser may not give an authorisation for the purposes of a condition described in subsection (1) unless that member State, or any person based in that member State which is a competent authority for the purposes of the Law Enforcement Directive, has authorised the transfer in accordance with the law of the member State.

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Source: legislation.gov.uk · retrieved 2026-09-04