Article 23

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.