1.[F1The Secretary of State may restrict] 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:
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F3... , in particular an important economic or financial interest [F4of the United Kingdom], 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, [F5provision made in exercise of the power under] 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.
[F63.The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act.]
Textual Amendments
F1Words in Art. 23(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 23(1)(a)(b) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(2)(b) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 23(1)(e) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(2)(c)(i) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 23(1)(e) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(2)(c)(ii) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 23(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 23(3) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 19(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)