Right to Restriction of Processing

From Open Risk Manual

Definition

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future..

As provided by Article 20 of Regulation (EU) 2018/1725, the data subject shall have the right to obtain from the controller the restriction of processing where:

  • their accuracy is contested by the data subject, enabling though the controller to verify the accuracy, including the completeness of the data;
  • or the processing is unlawful and the data subject opposes their erasure and demands their restriction of processing instead.
  • or the controller no longer needs them for the accomplishment of its tasks but they have to be maintained for purposes of proof;
  • or the data subject has objected to processing to Article 23(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.


Personal data restricted can only be processed with the data subject's consent, for purposes of proof, or or for the protection of the rights of a third party, or for reasons of important public interest of the Union or of a Member State.

References