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
- personal data
- processing
- restriction of processing
- profiling
- pseudonymisation
- filing system
- controller
- processor
- recipient
- third party
- consent
- personal data breach
- genetic data
- biometric data
- data concerning health
- main establishment
- representative
- enterprise
- group of undertakings
- binding corporate rules
- supervisory authority
- supervisory authority concerned
- cross-border processing
- relevant and reasoned objection
- information society service
- international organisation
- shall 10
- supervisory_authority 7
- rights 5
- member 5
- each 5
- public 5
- which 4
- independence 4
- categories 4
- each 4
- state 4
- security 4
- processing 4
- data 4
- subject 4
- including 3
- tasks 3
- exercise 3
- financial 3
- restriction 3
- prevention 3
- freedoms 3
- powers 3
- scope 3
- obligations 3
- measure 3
- controller 3
- ensure 3
- member state 3
- provided 3
- from 3
- members 3
- particular 2
- regulation 2
- protection 2
- accordance 2
- union 2
- general 2
- interest 2
- judicial 2
- safeguards 2
- performance 2
- subjects 2
- important 2
- whether 2
- incompatible 2
- referred 2
- article 2
- purposes 2
- articles 2
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
Article 52
Independence
1. Each supervisory_authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.
2. The member or members of each supervisory_authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.
3. Member or members of each supervisory_authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
4. Each Member State shall ensure that each supervisory_authority is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the Board.
5. Each Member State shall ensure that each supervisory_authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory_authority concerned.
6. Each Member State shall ensure that each supervisory_authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.
whereas
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