L 119/112
Official Journal of the European Union
EN
4.5.2016
(d) protect national security;
(e) protect the rights and freedoms of others.
2.
Member States may adopt legislative measures in order to determine categories of processing which may wholly or
partly fall under points (a) to (e) of paragraph 1.
3.
In the cases referred to in paragraphs 1 and 2, Member States shall provide for the controller to inform the data
subject, without undue delay, in writing of any refusal or restriction of access and of the reasons for the refusal or the
restriction. Such information may be omitted where the provision thereof would undermine a purpose under
paragraph 1. Member States shall provide for the controller to inform the data subject of the possibility of lodging a
complaint with a supervisory authority or seeking a judicial remedy.
4.
Member States shall provide for the controller to document the factual or legal reasons on which the decision is
based. That information shall be made available to the supervisory authorities.
Article 16
Right to rectification or erasure of personal data and restriction of processing
1.
Member States shall provide for the right of the data subject to obtain from the controller without undue delay the
rectification of inaccurate personal data relating to him or her. Taking into account the purposes of the processing,
Member States shall provide for the data subject to have the right to have incomplete personal data completed, including
by means of providing a supplementary statement.
2.
Member States shall require the controller to erase personal data without undue delay and provide for the right of
the data subject to obtain from the controller the erasure of personal data concerning him or her without undue delay
where processing infringes the provisions adopted pursuant to Article 4, 8 or 10, or where personal data must be erased
in order to comply with a legal obligation to which the controller is subject.
3.
Instead of erasure, the controller shall restrict processing where:
(a) the accuracy of the personal data is contested by the data subject and their accuracy or inaccuracy cannot be
ascertained; or
(b) the personal data must be maintained for the purposes of evidence.
Where processing is restricted pursuant to point (a) of the first subparagraph, the controller shall inform the data subject
before lifting the restriction of processing.
4.
Member States shall provide for the controller to inform the data subject in writing of any refusal of rectification
or erasure of personal data or restriction of processing and of the reasons for the refusal. Member States may adopt
legislative measures restricting, wholly or partly, the obligation to provide such information to the extent that such a
restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the
fundamental rights and legitimate interests of the natural person concerned in order to:
(a) avoid obstructing official or legal inquiries, investigations or procedures;
(b) avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of
criminal penalties;
(c) protect public security;
(d) protect national security;
(e) protect the rights and freedoms of others.
Member States shall provide for the controller to inform the data subject of the possibility of lodging a complaint with a
supervisory authority or seeking a judicial remedy.
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