CIPP-E Exam Dumps | According to Art 23 GDPR, which of the following data subject rights can NOT be restricted?

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IAPP.CIPP-E.v2024-06-20.q123
Question 115

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Question 115/123

According to Art 23 GDPR, which of the following data subject rights can NOT be restricted?

A. Right to restriction of processing.

B. Right to erasure ("Right to be forgotten").

C. Right to lodge a complaint with a supervisory authority.

D. Right not to be subject to automated individual decision-making

Correct Answer: C

According to Article 23 of the GDPR, 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, may be restricted by a legislative measure of a Member State or the Union, 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 certain public interests or the rights and freedoms of others1. However, Article 23 does not include Article 77, which grants the data subject the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the GDPR2. Therefore, this right cannot be restricted by any legislative measure, as it is essential for the effective judicial protection of the data subject and the enforcement of the GDPR3. Reference:
Free CIPP/E Study Guide, page 14, section 2.3
GDPR, Article 77
GDPR, Article 23
Guidelines on restrictions of data subject rights under Art. 23 of the GDPR, page 4, section 2 Statement on restrictions on data subject rights in connection to the COVID-19 pandemic, page 2, section 2

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