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;

(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 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;

(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.

Relevant Recitals

Recital 73 Restrictions of Rights and Principles

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Paragraph 1 permits a legislative measure to restrict the scope of the obligations and rights in Articles 12 to 22 and Article 34, and Article 5 in so far as its provisions correspond to those rights and obligations. Any restriction must respect the essence of the fundamental rights and freedoms and be a necessary and proportionate measure in a democratic society to safeguard one of the listed objectives.

Points (a) to (j) of paragraph 1 list them, covering national security, defence, public security, the prevention, investigation, detection or prosecution of criminal offences and the execution of criminal penalties, other important objectives of general public interest such as monetary, budgetary, taxation, public health and social security matters, judicial independence and proceedings, breaches of ethics for regulated professions, related monitoring, inspection or regulatory functions connected to official authority, the protection of the data subject or the rights and freedoms of others, and the enforcement of civil law claims.

No. Paragraph 1 requires a legislative measure, and paragraph 2 prescribes its minimum content, so an informal or purely administrative limitation of data subject rights cannot rely on Article 23.

Paragraph 2 requires specific provisions, at least where relevant, on the purposes or categories of processing, the categories of personal data, the scope of the restrictions, safeguards against abuse or unlawful access or transfer, the specification of the controller or categories of controllers, storage periods and applicable safeguards, the risks to the rights and freedoms of data subjects, and the data subjects' right to be informed about the restriction unless informing them would prejudice its purpose.

No. The provision is confined to Articles 12 to 22, Article 34 on breach communication to data subjects, and Article 5 only to the extent that its principles correspond to the rights and obligations in Articles 12 to 22. Obligations outside that list, such as security under Article 32 or the lawfulness requirements of Article 6, cannot be restricted through Article 23.