Article 23 — Restrictions
Consumer protectionLevel 1RegulationGDPRIn forceOfficial source
23(1)Copy link
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:
23(1)(d)
(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;
Copy link23(1)(e)
(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;
Copy link23(1)(g)
(g)the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
Copy link23(1)(h)
(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);
Copy link23(2)Copy link
2.In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to: