Amendment 1167· GDPR Article 23(1)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
7a. Article 23(1) is replaced by the following:
Article 23(1) as it would readagainst the Commission’s
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 and Chapter IXa, 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 of unauthorised use of the electronic communication system, 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."
Struck CommissionHighlighted amendment
GDPR Article 23 with this amendment
Amendment 1167 applied to the Commission proposal, no other amendment
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 and Chapter IXa, 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 of unauthorised use of the electronic communication system, 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."
~Amendednational security;
defence;
public security;
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;
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;
the protection of judicial independence and judicial proceedings;
the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
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);
the protection of the data subject or the rights and freedoms of others;
the enforcement of civil law claims.
Unchanged: (2)
In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:
the purposes of the processing or categories of processing;
the categories of personal data;
the scope of the restrictions introduced;
the safeguards to prevent abuse or unlawful access or transfer;
the specification of the controller or categories of controllers;
the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
the risks to the rights and freedoms of data subjects; and
the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.
Struck removed Highlighted added Full text on the GDPR Article 23 page
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, 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.
No Council text amends Article 23(1).
Cite this amendment
Amendment 1167 (Marina Kaljurand and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 96–97
Link, short form and official text
Amendment 1167 (Marina Kaljurand and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 96–97
ITRE–LIBE Amendment 1167 (CJ72-AM-791073), p. 96