§ 56 LDSG SH
Data transfer in the absence of appropriate safeguards
(1)Where, contrary to § 54(1) number 2, no decision pursuant to Article 36(3) of Directive (EU) 2016/680 has been adopted and no appropriate safeguards within the meaning of § 55(1) exist, a transfer shall also be lawful where the other conditions of § 54 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 substantial danger to the public security of a State, 4. in individual cases for the purposes referred to in § 20, or 5. in individual cases for the establishment, exercise or defence of legal claims in connection with the purposes referred to in § 20.
(2)The controller shall refrain from a transfer pursuant to paragraph 1 where the fundamental rights of the data subject outweigh the public interest in the transfer.
(3)§ 55(2) and (3) shall apply mutatis mutandis to transfers pursuant to paragraph 1. zur Einzelansicht § 56