L 119/46
EN
Official Journal of the European Union
4.5.2016
4.
At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and
2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any
other information.
5.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data
subject may exercise his or her right to object by automated means using technical specifications.
6.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to
Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to
processing of personal data concerning him or her, unless the processing is necessary for the performance of a task
carried out for reasons of public interest.
Article 22
Automated individual decision-making, including profiling
1.
The data subject shall have the right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2.
Paragraph 1 shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and legitimate interests; or
(c) is based on the data subject's explicit consent.
3.
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures
to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human
intervention on the part of the controller, to express his or her point of view and to contest the decision.
4.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in
Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests are in place.
S ec tion 5
Re st r ic tio ns
Article 23
Restrictions
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;