Article 23 GDPR 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:
    1. (a) national security;
    2. (b) defence;
    3. (c) public security;
    4. (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;
    5. (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;
    6. (f) the protection of judicial independence and judicial proceedings;
    7. (g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
    8. (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);
    9. (i) the protection of the data subject or the rights and freedoms of others;
    10. (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:
    1. (a) the purposes of the processing or categories of processing;
    2. (b) the categories of personal data;
    3. (c) the scope of the restrictions introduced;
    4. (d) the safeguards to prevent abuse or unlawful access or transfer;
    5. (e) the specification of the controller or categories of controllers;
    6. (f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
    7. (g) the risks to the rights and freedoms of data subjects; and
    8. (h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

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