European Union (Future Relationship) Act 2020

JurisdictionUK Non-devolved
Citation2020 c. 29


European Union (Future Relationship) Act 2020

2020 Chapter 29

An Act to make provision to implement, and make other provision in connection with, the Trade and Cooperation Agreement; to make further provision in connection with the United Kingdom’s future relationship with the EU and its member States; to make related provision about passenger name record data, customs and privileges and immunities; and for connected purposes.

[31 December 2020]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Security

PART 1

Security

Criminal records

Criminal records

S-1 Duty to notify member States of convictions

1 Duty to notify member States of convictions

(1) This section applies where—

(a)

(a) an individual who is a national of a member State has been convicted by or before a court in a part of the United Kingdom, and

(b)

(b) the conviction is recorded in the criminal records database for that part.

(2) This section also applies where—

(a)

(a) an individual who is a national of a member State has been convicted in UK service disciplinary proceedings (whether or not in a part of the United Kingdom), and

(b)

(b) the conviction is recorded in the criminal records database for any part of the United Kingdom.

(3) The designated UK authority must notify the central authority of the member State of the conviction.

(4) If the individual is a national of more than one member State, the designated UK authority must notify the central authority of each of those member States of the conviction.

(5) Notification under this section must be given before the end of the period of 28 days beginning with the day on which the conviction is recorded in the criminal records database.

(6) A notification under this section—

(a)

(a) must include the information listed in Schedule 1, and

(b)

(b) may include any other information that the designated UK authority considers appropriate.

(7) If the record of the conviction is amended so as to alter or delete any of the information mentioned in paragraph 13, 14, 16, 17, 19 or 20 of Schedule 1 (information about the conviction), subsections (3) to (6) apply in relation to the amendment as they apply in relation to the conviction.

(8) Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

(9) For the purposes of this section it does not matter if the individual is a national of the United Kingdom as well as a national of a member State.

S-2 Retention of information received from member States

2 Retention of information received from member States

(1) This section applies where—

(a)

(a) an individual who is a UK national has been convicted under the law of a member State, and

(b)

(b) the central authority of the member State notifies the designated UK authority of the conviction.

(2) The designated UK authority must retain a record of—

(a)

(a) the conviction, and

(b)

(b) any other information listed in Schedule 1 that is included in the notification.

(3) The record may be retained in whatever way the designated UK authority considers appropriate.

(4) If the designated UK authority is notified by the central authority of any amendment or deletion relating to the information contained in the record, the designated UK authority must amend the record accordingly.

(5) Nothing in this section requires the designated UK authority to retain any information if the retention would contravene the data protection legislation (but, in determining whether the retention would contravene that legislation, the duty imposed by subsection (2) is to be taken into account).

S-3 Transfers to third countries of personal data notified under section 2

3 Transfers to third countries of personal data notified under section 2

(1) Personal data notified to the designated UK authority as mentioned in section 2 may not be transferred to a third country unless conditions A and B are met.

(2) Condition A is that the transfer—

(a)

(a) is based on adequacy regulations, or

(b)

(b) is based on there being appropriate safeguards.

(3) For the purposes of subsection (2)—

(a)

(a) the reference to a transfer being based on adequacy regulations has the same meaning as it has for the purposes of Part 3 of the Data Protection Act 2018;

(b)

(b) the reference to a transfer being based on there being appropriate safeguards is to be read in accordance with section 75 of that Act.

(4) Condition B is that the intended recipient has functions relating to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

(5) See also section 73 of the Data Protection Act 2018 for additional conditions that must be met before personal data may be transferred to a third country (in particular, that the transfer must be necessary for any of the law enforcement purposes).

(6) Where personal data within subsection (1) is transferred to a third country, the person making the transfer must make it a condition of the transfer that the data may be used only for the purpose for which it is being transferred.

(7) In this section—

“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);

“third country” means a country or territory other than—(a) the United Kingdom, or(b) a member State.

S-4 Requests for information from member States

4 Requests for information from member States

(1) The designated UK authority may, for any of the law enforcement purposes, make a request to the central authority of a member State for information relating to any overseas convictions of an individual recorded in a criminal records database of the member State.

(2) If an individual who is a national of a member State makes a request to the designated UK authority for information relating to the individual’s overseas convictions, the designated UK authority must make a request to the central authority of that member State for information relating to any overseas convictions of the individual recorded in a criminal records database of the member State.

(3) If the individual is a national of more than one member State, the designated UK authority must make a request to the central authority of each of those member States for the information.

(4) Any information provided to the designated UK authority in response to a request made under this section may be used only—

(a)

(a) for the purpose or purposes for which it was requested, and

(b)

(b) in accordance with any restrictions specified by the central authority that provided it.

(5) But subsection (4) does not prohibit the use of such information for the purpose of preventing an immediate and serious threat to public security.

(6) In this section “overseas conviction” means a conviction under the law of a country or territory outside the United Kingdom.

S-5 Requests for information made by member States

5 Requests for information made by member States

(1) If—

(a)

(a) the central authority of a member State makes a request to the designated UK authority for information relating to an individual’s convictions, and

(b)

(b) conditions A and B are met,

the designated UK authority must, as soon as practicable before the end of the relevant period, provide the information to the central authority (but see subsection (5)).

(2) Condition A is that the request is made—

(a)

(a) for any of the law enforcement purposes, or

(b)

(b) for the purposes of enabling the central authority to comply with a request made by an individual who is a UK national for information relating to the individual’s convictions.

(3) Condition B is that the information—

(a)

(a) is recorded in the criminal records database for a part of the United Kingdom, or

(b)

(b) is retained in accordance with section 2.

(4) “The relevant period” means the period of 20 working days beginning with the day on which the designated UK authority receives the request.

(5) Subsection (1) does not require the designated UK authority to provide any information relating to a conviction that is spent unless—

(a)

(a) the request has been made for the purposes of any criminal investigation or criminal proceedings, or

(b)

(b) subsection (6) applies.

(6) If the request has been made for the purposes of determining the suitability of an individual to work with children, the information to be provided under subsection (1) must include any information relating to any conviction of the individual for a child sexual offence (whether or not spent).

(7) Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

(8) In this section—

“ancillary offence” means—(a) an offence of attempting or conspiring to commit a child sexual offence,(b) an offence under Part 2 of the Serious Crime Act 2007 in relation to a child sexual offence,(c) an offence of inciting a person to commit a child sexual offence,(d) an offence of aiding, abetting, counselling or procuring the commission of a child sexual offence, or(e) an offence of being involved art and part in the commission of a child sexual offence;

“child” means an individual under the age of 18;

“child sexual offence” means—(a) an...

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