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

Question

Options

• ARight to restriction of processing.
• BRight to erasure ("Right to be forgotten").
• CRight to lodge a complaint with a supervisory authority.
• DRight not to be subject to automated individual decision-making

• A
  2% (1)
• B
  7% (3)
• C
  86% (37)
• D
  5% (2)

Explanation

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 others. 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 GDPR. 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 GDPR.

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