Rina Steenkamp - Privacy and technology
Chapter III Rights of the data subject
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights in Articles 11 to 19 and Article 32, when such a restriction meets a clearly defined objective of public interest, respects the essence of the right to protection of personal data, is proportionate to the legitimate aim pursued and respects the fundamental rights and interests of the data subject and is a necessary and proportionate measure in a democratic society to safeguard:
2. In particular, any legislative measure referred to in paragraph 1 must be necessary and proportionate in a democratic society and shall contain specific provisions at least as to:
2a. Legislative measures referred to in paragraph 1 shall neither permit nor oblige private controllers to retain data additional to those strictly necessary for the original purpose.
[Source: October 2013]
(59) Restrictions on specific principles and on the rights of information, rectification and erasure or on the right of access and to obtain data, the right to object, profiling, as well as on the communication of a personal data breach to a data subject and on certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or man made disasters, the prevention, investigation and prosecution of criminal offences or of breaches of ethics for regulated professions, other specific and well-defined public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or the protection of the data subject or the rights and freedoms of others. Those restrictions should be in compliance with requirements set out by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 21 clarifies the empowerment for the Union or Member States to maintain or introduce restrictions of principles laid down in Article 5 and of the data subject's rights laid down in Articles 11 to 20 and in Article 32. This provision is based on Article 13 of Directive 95/46/EC and on the requirements stemming from the Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the EU and the European Court of Human Rights.
[Source: January 2012 | Context: Proposal from the European Commission]
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 and Articles 11 to 20 and Article 32, when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard:
2. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least as to the objectives to be pursued by the processing and the determination of the controller.
[Source: January 2012 | Context: Proposal from the European Commission]
(59) Restrictions on specific principles and on the rights of information, access, rectification and erasure or on the right to data portability, the right to object, measures based on profiling, as well as on the communication of a personal data breach to a data subject and on certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or man made disasters, the prevention, investigation and prosecution of criminal offences or of breaches of ethics for regulated professions, other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or the protection of the data subject or the rights and freedoms of others. Those restrictions should be in compliance with requirements set out by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]
| General Data Protection Regulation: | Directive 95/46/EC: |
|---|---|
| Article 21(1) point (a) | Article 13(1) point (c) |
| Article 21(1) point (b) | Article 13(1) point (d) |
| Article 21(1) point (c) | Article 13(1) point (e) |
| Article 21(1) point (d) | Article 13(1) point (d) |
| Article 21(1) point (e) | Article 13(1) point (f) |
| Article 21(1) point (f) | Article 13(1) point (g) |
1. Member States may adopt legislative measures to restrict the scope of the obligations and rights provided for in Articles 6 (1), 10, 11 (1), 12 and 21 when such a restriction constitutes a necessary measures to safeguard: