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. |