The Data Protection (Law Enforcement) (Adequacy) (Isle of Man) Regulations 2025

Made: 27th January 2025

Laid before Parliament: 30th January 2025

Coming into force: 20th February 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by section 74A(1)(a), (3), (5) and (6)(b) of the Data Protection Act 2018 (“the 2018 Act”)[^f00001].

In accordance with section 74A(1)(a) and (3) of the 2018 Act, the Secretary of State considers that the Isle of Man ensures an adequate level of protection of personal data for certain transfers.

In accordance with section 182(2) of the 2018 Act, the Secretary of State has consulted with the Commissioner[^f00002] and such other persons as the Secretary of State considered appropriate.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Data Protection (Law Enforcement) (Adequacy) (Isle of Man) Regulations 2025 and come into force on 20th February 2025.

• (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Adequate level of protection

2

• (1) For the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) the Secretary of State specifies the Isle of Man as ensuring an adequate level of protection of personal data[^f00003] for a transfer described in paragraph (2).

• (2) A transfer described by this paragraph is a transfer of personal data by a competent authority[^f00004] to a relevant authority[^f00005] in the Isle of Man which is subject to the Data Protection (Application of LED) Order 2018[^f00006] and the GDPR and LED Implementing Regulations 2018[^f00007], as that Order and those Regulations form part of the law of the Isle of Man and have effect from time to time.

Independent supervisory authority

3

The independent supervisory authority[^f00008] in the Isle of Man is the Information Commissioner established by Regulation 79 of the GDPR and LED Implementing Regulations 2018[^f00009], as it forms part of the law of the Isle of Man.

Signed

Diana Johnson — Minister of State — Home Office — 27th January 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations specify the Isle of Man as a third country which provides an adequate level of protection of personal data for the purposes of Part 3 (law enforcement processing) of the Data Protection Act 2018 (c. 12).

This means that personal data can be transferred by UK competent authorities to relevant authorities in the Isle of Man (authorities with comparable law enforcement functions to a UK competent authority) that are subject to the relevant Isle of Man data protection legislation (specifically the Data Protection (Application of LED) Order 2018 and the GDPR and LED Implementing Regulations 2018) without the need for any specific authorisation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.

Footnotes

[^f00001]: 2018 c. 12 (“the 2018 Act”), section 74A was inserted by S.I. 2019/419. There are other amendments to the 2018 Act but none are relevant.

[^f00002]: See section 3(8) of the 2018 Act for the definition of “the Commissioner”.

[^f00003]: See section 3(2) of the 2018 Act for the definition of “personal data”.

[^f00004]: See section 30 of the 2018 Act for the definition of “competent authority”.

[^f00005]: See section 72(2) of the 2018 Act for the definition of “relevant authority”.

[^f00006]: Electronic copies of this legislation can be obtained from https://legislation.gov.im/cms/images/LEGISLATION/SUBORDINATE/2018/2018-0144/2018-0144_1.pdf. Hard copies can be inspected during office hours and free of charge at the offices of the Home Office at 2 Marsham Street, London, SW1P 4DF.

[^f00007]: Electronic copies of this legislation can be obtained from https://legislation.gov.im/cms/images/LEGISLATION/SUBORDINATE/2018/2018-0145/2018-0145_8.pdf . Hard copies can be inspected during office hours and free of charge at the offices of the Home Office at 2 Marsham Street, London, SW1P 4DF.

[^f00008]: Referred to in section 74A(4)(b) of the 2018 Act.

[^f00009]: Electronic copies of this legislation (24th January 2025) can be obtained from https://legislation.gov.im/cms/images/LEGISLATION/SUBORDINATE/2018/2018-0145/2018-0145_8.pdf . Hard copies can be inspected during office hours and free of charge at the offices of the Home Office at 2 Marsham Street, London, SW1P 4DF.