EDPB adopts Guidelines on restrictions of data subject rights under Article 23 GDPR following public consultation

19 October 2021

During its October plenary, the EDPB adopted a final version of the Guidelines on restrictions of data subject rights under Art. 23 GDPR following public consultation. The guidelines aim to recall the conditions surrounding the use of such restrictions by Member States or the EU legislator in light of the Charter of Fundamental Rights and the GDPR. They provide a thorough analysis of the criteria to apply restrictions, the assessments that need to be observed, how data subjects can exercise their rights after the restrictions are lifted, and the consequences of infringements of Art. 23 GDPR. Additionally, the guidelines analyse how the legislative measures setting out the restrictions need to meet the foreseeability requirement and examine the grounds for the restrictions listed by Art. 23(1) GDPR, and the obligations and rights which may be restricted.