Article 23 GDPR gives member states the ability to impose exceptions on some rights and principles under GDPR.
What does that mean? The European Data Protection Board has issued an opinion on the scope of these derogations, and I have written an article breaking it all down.
Some general principles:
- Any restriction shall respect the essence of the right that is being restricted. This means that restrictions that are extensive and intrusive to the extent that they void a fundamental right of its basic content and cannot be justified
- A general exclusion of data subjects’ rights with regard to all or specific data processing operations or with regard to specific controllers would not respect the essence of the fundamental right to the protection of personal data, as enshrined in the Charter of Fundamental Rights of the European Union.
Read my article here.