12 May. 2022
EDPB Annual Report 2021
28 Apr. 2022
EDPB Enforcement Cooperation Statement

Article 23 – Restrictions

Paragraph 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:

  1. national security;
  2. defence;
  3. public security;
  4. 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;
  5. 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;
  6. the protection of judicial independence and judicial proceedings;
  7. the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
  8. 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);
  9. the protection of the data subject or the rights and freedoms of others;
  10. the enforcement of civil law claims.

Paragraph 2

In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:

  1. the purposes of the processing or categories of processing;
  2. the categories of personal data;
  3. the scope of the restrictions introduced;
  4. the safeguards to prevent abuse or unlawful access or transfer;
  5. the specification of the controller or categories of controllers;
  6. the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
  7. the risks to the rights and freedoms of data subjects; and
  8. the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

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).

(73) Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, the right to object, decisions based on profiling, as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or manmade disasters, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, or of breaches of ethics for regulated professions, 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, the keeping of public registers kept for reasons of general public interest, further processing of archived personal data to provide specific information related to the political behaviour under former totalitarian state regimes or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes. Those restrictions should be in accordance with the requirements set out in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Article 13 Exemptions and restrictions
1. Member States may adopt legislative measures to restrict the scope of the obligations and rights provided for in Articles 6 (1), 10, 11 (1), 12 and 21 when such a restriction constitutes a necessary measures to safeguard:
  1. national security;
  2. defence;
  3. public security;
  4. the prevention, investigation, detection and prosecution of criminal offences, or of breaches of ethics for regulated professions;
  5. an important economic or financial interest of a Member State or of the European Union, including monetary, budgetary and taxation matters;
  6. a monitoring, inspection or regulatory function connected, even occasionally, with the exercise of official authority in cases referred to in (c), (d) and (e);
  7. the protection of the data subject or of the rights and freedoms of others.
2. Subject to adequate legal safeguards, in particular that the data are not used for taking measures or decisions regarding any particular individual, Member States may, where there is clearly no risk of breaching the privacy of the data subject, restrict by a legislative measure the rights provided for in Article 12 when data are processed solely for purposes of scientific research or are kept in personal form for a period which does not exceed the period necessary for the sole purpose of creating statistics.