Article 23


1. The 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:

  • (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, in particular an important economic or financial interest of 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, provision 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.

3. The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act.

Relevant recitals


Important note about UK GDPR recitals

Recitals to the GDPR are saved into UK domestic law and apply to the interpretation of the UK GDPR. However, they have not been amended upon saving. This may mean that some recitals are no longer relevant if the corresponding provisions have not been retained in UK domestic law. (Tell me more.)

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