Data Protection Directive

Article 13

Untitled

Exemptions and restrictions

1\. Member States may adopt legislative measures to restrict the scope of the obligations and rights provided for in Articles 6 (1), 10, 11 (1), 12 and 21 when such a restriction constitutes a necessary measures to safeguard:

2\. Subject to adequate legal safeguards, in particular that the data are not used for taking measures or decisions regarding any particular individual, Member States may, where there is clearly no risk of breaching the privacy of the data subject, restrict by a legislative measure the rights provided for in Article 12 when data are processed solely for purposes of scientific research or are kept in personal form for a period which does not exceed the period necessary for the sole purpose of creating statistics.

SECTION VII

THE DATA SUBJECT'S RIGHT TO OBJECT

Holdings

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C-201/141 Oct 2015

Smaranda Bara and Others v Casa Naţională de Asigurări de Sănătate and Others

Articles 10, 11 and 13 of Directive 95/46 preclude national measures that allow one public administrative body of a Member State to transfer personal data to another public administrative body, and allow the receiving body then to process that data, without informing the data subjects of the transfer or the processing.

C-473/127 Nov 2013

Institut professionnel des agents immobiliers (IPI) v Geoffrey Englebert and Others

Member States may, but need not, transpose into national law one or more of the exceptions in Article 13(1) of Directive 95/46 to the duty to inform data subjects about the processing of their personal data. Article 13(1)(d) covers a private detective engaged by a professional body to investigate breaches of the ethical rules of a regulated profession, such as estate agents.