Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

Transfer of personal data, under Part 11B, to compensator in United Kingdom

101. The Act of 2005 is amended by the insertion of the following section after section 343PA:

“343PB. (1) Where—

(a) a compensator is subject to the laws, regulations and administrative procedures of the United Kingdom, and

(b) an injured person has received, is receiving, or may receive, a specified benefit,

the Minister shall, for the purposes of this Part and subsection (2), transfer to a compensator referred to in paragraph (a) personal data specified in subsection (3) in respect of an injured person referred to in paragraph (b) in all or any of the following:

(i) a statement of recoverable benefits issued by the Minister under section 343P(3) or section 343PA(1);

(ii) a revised statement of recoverable benefits issued by the Minister under section 343PA(2);

(iii) a refund made by the Minister under section 343U.

(2) The personal data referred to in subsection (1) in respect of an injured person referred to in subsection (1)(b), that are transferred in a statement, or refund, referred to in subsection (1), are necessary for the payment to the Minister, by a compensator referred to in subsection (1)(a), of any specified benefit received by, or which may be received by, an injured person referred to in subsection (1)(b) to whom, or in respect of whom, a compensation payment is made by that compensator.

(3) The personal data referred to in subsection (1) are personal data within the meaning of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201619 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC that are—

(a) required for the purposes and effective operation of this Part and subsection (2), and

(b) held by the Minister for those purposes and that operation.”.

19 OJ No. L 119, 4.5.2016, p.1