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(Derogations) 1. The transfer of personal data to a State which does not ensure an adequate level of protection within the context of 19 2) may be allowed by the CNPD if the data subject has given his unequivocal consent to the proposed transfer or if that transfer: a) is necessary for the performance of a contract between the data subject and the controller of the processing the data or the precontractual measures taken in response to the request of the subject; b) is necessary for the execution/performance or the signing of a concluded or to be concluded contract in the interest of the data’s subject between the controller and a third party; c) is necessary or legally required on the grounds of important public interest, or for the establishment, exercise of defence of legal claims; d) is necessary for the protection of vital interests of the data’s subject; e) is made from a public register, within the contexts of the laws or regulations, is intended for information of the public and which is open to consultation either by the general public or by any person who can demonstrate legitimate interest provided the conditions laid down in law for consultation are fulfilled in this case. 2. Without prejudice to paragraph 1, the CNPD may authorise a transfer or set of transfers of personal data to a State which does not ensure an adequate level of protection within the meaning of Article 19 2) for as long as the processing controller provides adequate guarantees with respect to the protection of the privacy and fundamental rights and freedoms of individuals and with respect to their exercise, particularly by means of appropriate contractual clauses. 3. The transfer of personal data which is necessary for the protection of State security, defence, public safety and the prevention, investigation and repression of punishable criminal offences shall be governed by special legal provisions or by the international conventions to which Cape Verde is party. CHAPTER IV National authority for the investigation of the protection of personal data Section I General provisions Article 21 (Objectives of the investigation) The supervisory of personal data protection shall seek to follow-up, evaluate and control the activities of legally competent organs or services for its processing, safeguarding the fulfilment of the Constitution and the Law, especially the fundamental rights, freedoms and guarantees of citizens. Article 22 (Nature of the investigation)

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