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
- data 12
- subject 10
- rights 8
- controller 7
- freedoms 6
- categories 5
- shall 5
- referred 5
- processing 5
- including 4
- public 4
- member state 4
- which 4
- security 4
- article 3
- prevention 3
- measure 3
- union 3
- restrictions 3
- restriction 3
- interests 3
- based 3
- measures 3
- right 3
- obligations 3
- scope 3
- article 3
- legitimate 3
- safeguard 3
- suitable 3
- in 2
- cases 2
- articles 2
- personal_data 2
- unless 2
- section 2
- processor 2
- provided 2
- paragraph 2
- least 2
- interest 2
- point 2
- provisions 2
- points 2
- judicial 2
- subjects 2
- criminal 2
- prosecution 2
- purposes 2
- decision 2
Article 22
Automated individual decision-making, including profiling
1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
| (a) | is necessary for entering into, or performance of, a contract between the data subject and a data controller; |
| (b) | is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or |
| (c) | is based on the data subject's explicit consent. |
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal_data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
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
whereas
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