Article 64

1.          By way of departure from Article 63, a through transmission or a category of through transmissions of personal data to a country that provides no assurances of an appropriate level of protection may take place if:

a.       the person concerned has granted unambiguous consent for this;

b.      the through transmission is necessary for the execution of an agreement between the person concerned and the responsible party, or in order to take pre-contractual measures in response to a request by the person concerned and that are necessary for the contracting of an agreement;

c.       the through transmission is necessary for the contracting or execution of an agreement contracted or to be contracted between the responsible party and a third party, in the interest of the person concerned;

d.      the through transmission is necessary due to a serious general interest or for the establishment, exercise or the defence of any right in court;

e.       the through transmission is necessary to protect a vital interest of the person concerned; or

f.         the through transmission takes place from a register installed by law and that can be viewed publicly, or by any person that can invoke a justified interest, to the extent that in the case concerned, the statutory requirements for viewing have been met.

2.          By way of departure from the first paragraph, the committee may issue a permit for a through transmission or a category of through transmissions of personal data to a country that does not provide assurances of an appropriate level of protection. The further provisions necessary to secure the protection of privacy and the fundamental rights and freedoms of persons, as well as the exercise of the associated rights, shall be attached to the permit.