In a written statement to Parliament, Baroness Neville-Rolfe confirmed the UK Government’s view that the Treaty on the Functioning of the European Union (“TFEU”) means that Article 48 of the GDPR does not apply to the UK. Article 48 of the GDPR states that any judgment or tribunal decision – or decision of an administrative authority – requiring the transfer of personal data to a third (i.e., non-EU) country may only be recognised or enforceable if based on an international agreement, such as a mutual legal assistance treaty in force between the requesting third country and the EU member state in question. 
Continue Reading UK relies on EU Treaty exception to avoid “anti-FISA” data transfers clause in European General Data Protection Regulation (“GDPR”)