Section 5, Article 17 · Council Decision (EU) 2021/1093

Contents

Article 17Exceptions and restrictions#

1.Where the Council or the GSC exercises its duties with regard to data subjects’ rights pursuant to Regulation (EU) 2018/1725, it shall consider whether any of the exceptions laid down in that Regulation apply.

2.Subject to Articles 18 to 22 of this Decision, the Council or the GSC may restrict, in accordance with Article 25(1), points (c), (g) and (h), of Regulation (EU) 2018/1725, the application of Articles 14 to 17, 19, 20 and 35 of that Regulation, as well as the principle of transparency laid down in Article 4(1), point (a), of that Regulation insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19 and 20 of that Regulation, where the exercise of those rights and obligations would jeopardise the exercise of the DPO tasks, inter alia, by revealing its investigative or auditing tools and methods, or would adversely affect the rights and freedoms of other data subjects.

3.Subject to Articles 18 to 22 of this Decision, the Council or the GSC may restrict the rights and obligations referred to in paragraph 2 of this Article, in relation to personal data obtained by the DPO from GSC directorates-general or services or other Union institutions or bodies. The Council or the GSC may do so where the exercise of those rights and obligations could be restricted by those GSC directorates-general or services or other institutions or bodies on the basis of other acts provided for in Article 25 of Regulation (EU) 2018/1725 or in accordance with Chapter IX of that Regulation or in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council^note or Council Regulation (EU) 2017/1939^note.Before applying restrictions in the circumstances referred to in the first subparagraph, the Council or the GSC shall consult the relevant Union institution or body, unless it is clear that the application of a restriction is provided for by one of the acts referred to in that subparagraph.

4.Any restriction of the rights and obligations referred to in paragraph 2 shall be necessary and proportionate, taking into account the risks to the rights and freedoms of data subjects.