Chapter III - Rights of the data subject Section 5: 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;

  1. (g)  the risks to the rights and freedoms of data subjects; and
  2. (h)  the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.