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      Blog

      GDPR Restrictions

      • Categories Blog, Free Data Protection Resources
      • Date August 28, 2020

      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:(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 safe­ guarding 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.

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      Privacy Professor

      Professor mr drs Romeo F. Kadir MA MSc LLM LLM (Adv) EMBA EMoC

      At present Romeo Kadir serves as the President of the Global Association of Data Protection Professionals Europe (GADPPRO). GADPPRO is a thought leader self-regulatory association of data protection professionals based in the European Union, active around the globe and the first European Association of data protection professionals open for members outside the EU. Please visit www.gadppro.org for more information.

      First appointed Data Protection Officer (DPO) ever in the Netherlands (European Union) at a semi-public entity. Seasoned European Privacy and Data Protection Expert (22+ years of practical experience in EU Privacy and Data Protection Law, Business Management, Compliance and Ethics).

      Studied European and International Law, Political Sciences and Business Administration. Romeo Kadir is EIPACC EADPP Professor European Privacy & Data Protection Law at Universitas Padjadjaran UNpad (Indonesia) and Honorary Visiting Research Fellow with O.P. Jindal Global University (New Delhi), Senior Associate Fellow with Vidhi Centre for Legal Policy (New Delhi), Lecturer Science Honours Academy and Lecturer at the International Molengraaff Institute, Utrecht University (UU, Netherlands). In 2010 he was founder of the first European Data Protection Academy focusing on privacy-only executive education.

      Present Occupations in European Data Protection Law

      Member of the International Bar Association (IBA)
      Member of the International Board of Experts with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the International Strategic Board with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the Swiss-Chinese Law Association (SCLA)

      Former Occupations in European Data Protection Law

      President European Institute for Privacy, Audit, Compliance & Certification (EIPACC)
      Co-Founder/Vice-President European Association for Data Protection Professionals (EADPP)
      Chair EADPP Certification Committee Data Protection Professionals,
      Chair EADPP Academic Board
      Chair EADPP Expert Committee on Cybersecurity
      Chair EADPP Expert Committee on Artificial Intelligence (AI)
      President Supervisory Board of the Dutch Privacy Complaints Office (NPKI)
      Rapporteur to UN Monitoring Commission Human Rights on behalf of the Dutch Privacy Foundation (SPN)

      Publications

      'Handbook DPO - A Practical Guide', Privacy Publishing Group (2017)
      Editor-in-Chief of ‘Data Protection Dictionary’, authored, edited and coordinated ‘Handbook for the Data Protection Officer – A practical Guide’, ‘The Ultimate GDPR Business Guide – Six Volumes’ and other relevant books in the field of privacy and data protection (www.dataprotectionbooks.com)

      www.romeokadir.eu

      Previous post

      GDPR Automated individual decision-making, including profiling
      August 28, 2020

      Next post

      GDPR Responsibility of the controller
      August 28, 2020

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