Art. 18 GDPR – Right to restriction of processing
- The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
- A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Suitable Recitals
Frequently Asked Questions about Article 18
+ What is the right to restriction of processing under the GDPR?
Article 18 lets individuals limit how their data is used in certain situations, such as while accuracy is contested or when processing is unlawful but the person prefers restriction over erasure.
+What does restricting processing actually mean?
When processing is restricted, the data may be stored but not otherwise used, except with consent, for legal claims, to protect another person, or for important public interest reasons.
+ When can a data subject request restriction instead of deletion?
Restriction can be requested when the accuracy of data is disputed, processing is unlawful, the data is no longer needed but required for legal claims, or an objection is pending verification.