The legal research library on the European Public Prosecutor's Office

Art. 60 EPPO Regulation

Relevant iRoP and other annotations

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= EPPO-Regulation

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= Relevant iRoP and other annotations

Article 60     |     Limitations to the right of access

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See also Art. 5 and 9 of College Decision 009/2020, consolidated version

1. The EPPO may restrict, wholly or partly, the data subject’s right of access to the extent that, and for as long as, such a partial or complete 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 of the Member States of the European Union;

(d) protect national security of the Member States of the European Union;

(e) protect the rights and freedoms of others.

2. Where the provision of such information would undermine the purpose of paragraph 1, the EPPO shall only notify the data subject concerned that it has carried out the checks, without giving any information which might reveal to him/her whether or not operational personal data concerning him/her are processed by the EPPO.

The EPPO shall inform the data subject of the possibility of lodging a complaint with the European Data Protection Supervisor or seeking a judicial remedy in the Court of Justice against the EPPO’s decision.

3. The EPPO shall document the factual or legal reasons on which the decision is based. That information shall be made available to the European Data Protection Supervisor on request.