adv IusOnDemand

search


interactive GDPR 2016/0679 EN

BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf

2016/0679 EN jump to: Art. 23 . Output generated live by software developed by IusOnDemand srl


index :


whereas :


definitions:


cloud tag: and the number of total unique words without stopwords is: 125

 

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


whereas

dal 2004 diritto e informatica