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AI Summary of 106. Arrangement with person outside State performing similar functions to Authority
Under the Data Protection Regulation, the Act of 2018 and subsections (2) and (4), the Authority may enter into arrangements with a person outside the State to furnish information required by that person for performance of their functions, and to receive information from that person required by the Authority for performance of its functions under the Act. Such exchanges are limited to information necessary for those functions and concern persons performing the same or similar functions as the Authority.
The Authority shall not furnish information to a person outside the State unless it obtains a written undertaking that the person will not use or disclose the information except for functions the same as or similar to the Authority’s and will comply with any other conditions specified by the Authority. The Authority may give reciprocal undertakings when required by the other party, and arrangements must not require disclosure prohibited by law. "Person outside the State" is defined by reference to foreign law performing equivalent functions.
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106. Arrangement with person outside State performing similar functions to Authority
(1) Subject to the Data Protection Regulation, the Act of 2018 and subsections (2) and (4), the Authority may enter into an arrangement with a person outside the State whereby -
(a) the Authority agrees to furnish to the person information in its possession that is required by that person for the purposes of the performance of that person's functions, and
(b) the person agrees to furnish to the Authority information in that person's possession that is required by the Authority for the purposes of the performance by it of its functions under this Act.
(2) The Authority shall not furnish information to a person outside the State pursuant to an arrangement referred to in subsection (1) unless the Authority requires of, and obtains from, that person an undertaking in writing that the person will -
(a) not use that information or disclose that information to any other person other than for the purposes of the performance of functions that are the same as or similar to the functions of the Authority under this Act, and
(b) comply with any other requirement specified by the Authority as a condition for furnishing the information concerned.