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6 Jul. 2022
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Article 10 – Processing of personal data relating to criminal convictions and offences

Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.

References

  • GDPR references
  • Fines
  • Recitals
  • Directive 95/46/EC
  • SA
  • Case-law

No fines as mentioned in the GDPR apply to this article, although individual Member States are allowed to lay down the rules on penalties applicable to infringements of this article (Article 84).

No GDPR recitals available for this article.

Article 8 The processing of special categories of data
5.

Processing of data relating to offences, criminal convictions or security measures may be carried out only under the control of official authority, or if suitable specific safeguards are provided under national law, subject to derogations which may be granted by the Member State under national provisions providing suitable specific safeguards. However, a complete register of criminal convictions may be kept only under the control of official authority.

Member States may provide that data relating to administrative sanctions or judgements in civil cases shall also be processed under the control of official authority.