Communication Constraints WITH A Watch OF THE EDPB –

Interaction Restrictions WITH A Perspective OF THE EDPB

by Mugurel Olariu, RPD protectie day

The EDPB adopted in the assembly of 13 October 2021, Guideline 10/2020 on restrictions beneath Write-up 23 GDPR, model 2., soon after community consultation[1]. We point out that version 1. of Guideline 10/2020 was adopted on 15 Dec. 2020, for public session. NAS documented the adoption of the Guidebook on its web page, on 21.10.2021.

Manual 10/2020 is structured on 9 chapters, as follows: Introduction, Indicating of limits, Prerequisites delivered by art.23 par. (1) and respectively, paragraph (2) GDPR, Session with SA, Non-compliance with specifications, Precise features for operators and approved individuals, Conclusions and an Annex with the Checklist.

The safety of folks with regard to the processing of personalized information is a essential suitable. Posting 16 (2) of the Treaty on the Operating of the European Union mandates the European Fee, the Parliament and the Council to lay down policies on the defense of private information and the guidelines on the free of charge motion of personalized facts. The GDPR guards the rights and freedoms of men and women and in distinct their right to info protection.

In this context, Post 23 GDPR should be read through and interpreted. This provision is called “restrictions”. It gives that, below Union or Member State law, the software of certain provisions of the Regulation, relating to the legal rights of details subjects and the obligations of operators, might be restricted in the conditions shown therein. Limitations should be viewed as exceptions to the common rule that will allow the workout of rights and imposes the obligations enshrined in the GDPR[2]. As these types of, the limits should really be interpreted narrowly, used only below the case and restricted specifically presented for in the situations and only when certain conditions are achieved.

The phrase limitations is not outlined in the GDRP. Article 23 and recital 73 of the GDRP checklist only the situations below which restrictions may possibly be applied.

Hence, the Tutorial defines the phrase restrictions [3]as any limitation of the scope of the obligations and legal rights established out in Articles or blog posts 12 to 22 and 34 of the GDRP, as effectively as the corresponding provisions of Short article 5 in accordance with Short article 23 of the GDRP. A restriction on an particular person correct need to secure crucial aims, for illustration, the protection of the legal rights and freedoms of some others or important aims of normal interest of the Union or a Member State which are mentioned in Article 23 (1) of the GDRP. Therefore, limits on the legal rights of data topics can only occur when the stated interests are at stake[4] and these limitations are aimed at guarding this sort of passions.

In observe, the restriction of the scope of the obligations and rights set out in Articles 12 to 22 and Write-up 34 of the GDRP may well take diverse sorts, but may well never attain the point of general suspension of all rights. Legislative measures imposing restrictions less than Posting 23 of the GDRP may well also present that the work out of a proper is delayed in time, that a correct is exercised in portion or confined to particular types of knowledge, or that a right may perhaps be exercised indirectly by a info authority. impartial supervision.

Therefore, the scenarios of restriction of the legal rights of the knowledge subject, described by art. 23 paragraph (1) of the GDRP are relevant when this kind of a restriction respects the essence of fundamental rights and freedoms and constitutes a required and proportionate measure in a democratic society. The pursuing is conditional on the risk of adopting constraints in order to be certain one particular of the ten restricting curiosity groups presented for and which relate to:
a) countrywide safety
b) defense
c) community protection
d) the avoidance, investigation, detection or prosecution of prison offenses or the enforcement of prison sanctions, such as safety towards and avoidance of threats to community security
e) other significant aims of standard community desire of the Union or of a Member State, in unique an significant financial or monetary fascination of the Union or a Member Condition, such as in the financial, budgetary and fiscal fields and in the field of general public health and social security
f) defense of judicial independence and judicial proceedings
g) prevention, investigation, detection and felony prosecution of ethics violations in the situation of controlled professions
h) the purpose of checking, inspection or regulation connected, even once in a while, to the workout of formal authority in the scenarios referred to in points (a) to (e) and (g)
i) defense of the facts subject matter or of the rights and freedoms of other individuals
j) implementation of civil law promises.

An additional series of limitations refers to the unique bare minimum situations of the legislative evaluate restricting the rights of the information matter, mentioned in paragraph (2) of artwork. 23 GDRP, respectively:
a) the needs of the processing or of the processing types
b) the groups of individual details
c) the scope of the constraints released
d) safeguards to prevent abuse or illegal accessibility or transfer
e) mentioning the operator or the groups of operators
f) the storage periods and guarantees relevant taking into account the nature, scope and uses of the processing or classes of processing
g) the pitfalls for the rights and freedoms of the data subjects and
h) the right of the data subjects to be educated about the restriction, except this may perhaps prejudice the purpose of the restriction.


The unique things for controllers and processors refer to the Accountability theory, to Exercise of details subject’s rights following the lifting of the restriction and to Non-observation of a legislative evaluate imposing these types of constraints by a controller. In essence, they purpose to:
– Accountability basic principle:
In the gentle of the basic principle of accountability (Article 5 (2) GDRP) and even though it is not component of the information required beneath Article 30 GDRP, it is very good practice for the operator to document the application of limitations on particular situations by keeping records of their software. This registration really should contain the reasons relevant to the limits, which of the reasons shown in Short article 23 (1) of the GDRP applies (if the legislative measure allows constraints for unique causes), its timing and the final result of the necessity exam. and proportionality. The records should really be obtainable upon request to the details safety supervisory authority.

– Training of information subject’s legal rights soon after the lifting of the restriction:
The operator ought to carry the limitations as shortly as the situations justifying them no longer use. The info topics ought to be informed of the application of the restriction. If the data topics were not educated before the restriction was applied, they ought to be knowledgeable at the most up-to-date when the restriction is lifted. All through the application of a restriction, data topics may well be permitted to workout all their rights. In buy to assess when the restriction may perhaps be partly or fully lifted, the necessity and proportionality exam may well be carried out various periods in the course of the software of a restriction.

– Non-observation of a legislative measure imposing such restrictions by a controller:
If legislative measures imposing limits on compliance with the GDRP pursuant to Write-up 23 of the GDRP are infringed by an operator, the SA may perhaps work out its powers of tips, investigation and correction in opposition to it, as in any other circumstance of non-compliance with GDRP policies.

[1] -article-23-gdpr_en
[2] These circumstances do not consist of situations in which Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the safety of persons with regarding the processing of individual information given by the competent authorities for the reason of the avoidance, investigation, detection or prosecution of legal offenses or the execution of legal penalties, as well as on the free motion of such facts, and repealing Framework Selection 2008/977 / JHA of the Council.
[3] Recital 8 of EDPB Information 10/2020, version 2..
[4] These pursuits are exhaustively mentioned in Report 23 (1) GDPR.