Chapter III · Section 5

Article 23. Restrictions

(1) The rights and obligations provided for in art. 12–22 and 34, as well as art. 5 in so far as its provisions correspond to the rights and obligations provided for in art. 12–22, may be restricted by law 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:

  1. a) national security;
  2. b) defence;
  3. c) public security;
  4. 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;
  5. e) other important objectives of general public interest of the Republic of Moldova, in particular an important economic or financial interest of the Republic of Moldova, including monetary, budgetary and taxation matters, public health and social security;
  6. f) the protection of judicial independence and judicial proceedings;
  7. g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
  8. h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a)–(e) and (g);
  9. i) the protection of the data subject or the rights and freedoms of others;
  10. j) the enforcement of civil law claims.

(2) Any law adopted pursuant to paragraph (1) shall contain specific provisions at least, where relevant, as to:

  1. a) the purposes of the processing or categories of processing;
  2. b) the categories of personal data;
  3. c) the scope of the restrictions introduced;
  4. d) the safeguards to prevent abuse or unlawful access or transfer;
  5. e) the specification of the controller or categories of controllers;
  6. f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
  7. g) the risks to the rights and freedoms of data subjects;
  8. h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

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