GDPR Explorer · interactive view

Article 23 - Restrictions

1.
Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard: 
 
 
 
 
 
 
 (a) 
 
 
 national security; 
 
 
 
 
 
 
 
 
 
 
 (b) 
 
 
 defence; 
 
 
 
 
 
 
 
 
 
 
 (c) 
 
 
 public security; 
 
 
 
 
 
 
 
 
 
 
 (d) 
 
 
 the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; 
 
 
 
 
 
 
 
 
 
 
 (e) 
 
 
 other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security; 
 
 
 
 
 
 
 
 
 
 
 (f) 
 
 
 the protection of judicial independence and judicial proceedings; 
 
 
 
 
 
 
 
 
 
 
 (g) 
 
 
 the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; 
 
 
 
 
 
 
 
 
 
 
 (h) 
 
 
 a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g); 
 
 
 
 
 
 
 
 
 
 
 (i) 
 
 
 the protection of the data subject or the rights and freedoms of others; 
 
 
 
 
 
 
 
 
 
 
 (j) 
 
 
 the enforcement of civil law claims.
2.
In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to: 
 
 
 
 
 
 
 (a) 
 
 
 the purposes of the processing or categories of processing; 
 
 
 
 
 
 
 
 
 
 
 (b) 
 
 
 the categories of personal data; 
 
 
 
 
 
 
 
 
 
 
 (c) 
 
 
 the scope of the restrictions introduced; 
 
 
 
 
 
 
 
 
 
 
 (d) 
 
 
 the safeguards to prevent abuse or unlawful access or transfer; 
 
 
 
 
 
 
 
 
 
 
 (e) 
 
 
 the specification of the controller or categories of controllers; 
 
 
 
 
 
 
 
 
 
 
 (f) 
 
 
 the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; 
 
 
 
 
 
 
 
 
 
 
 (g) 
 
 
 the risks to the rights and freedoms of data subjects; and 
 
 
 
 
 
 
 
 
 
 
 (h) 
 
 
 the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction. 
 
 
 
 
 
 
 
 
 
 
 CHAPTER IV 
 
 
 
 
 Controller and processor 
 
 
 
 
 
 Section 1 
 
 
 
 
 General obligations

Role allocation (reference only)

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Source: Regulation (EU) 2016/679 (GDPR), consolidated EN text (OJ L 119, 4.5.2016, p. 1; Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal. Contact: yiango@proton.me