§ 75 HDSIG
Derogations for a Data Transfer
(1)Without Appropriate Safeguards
(2)Where, contrary to § 73 para. 1 no. 2, no decision pursuant to Art. 36 para. 3 of Directive (EU) No 2016/680 exists and no appropriate safeguards within the meaning of § 74 para. 1 exist, a transfer shall also be permissible, where the other conditions of § 73 are met, if the transfer is necessary 1. to protect the vital interests of a natural person, 2. to safeguard the legitimate interests of the data subject, 3. to avert a present and significant threat to the public security of a state, 4. in individual cases for the purposes referred to in § 40, or 5. in individual cases for the establishment, exercise or defence of legal claims in connection with the purposes referred to in § 40.
(3)The controller shall refrain from a transfer under para. 1 where the fundamental rights of the data subject outweigh the public interest in the transfer.
(4)§ 74 para. 2 and 3 shall apply accordingly to transfers under para. 1.