Guidelines 03/2020 on the processing of data concerning health for the purpose of scientific research in the context of the COVID-19 outbreak

SECTION 6  EXERCISE OF THE RIGHTS OF DATA SUBJECTS

55. In principle, situations as the current COVID-19 outbreak do not suspend or restrict the possibility of data subjects to exercise their rights pursuant to Article 12 to 22 GDPR. However, Article 89 (2) GDPR allows the national legislator to restrict (some) of the data subject’s rights as set in Chapter 3 of the regulation. Because of this, the restrictions of the rights of data subjects may vary depending on the enacted laws of the particular Member State.

56. Furthermore, some restrictions of the rights of data subjects can be based directly on the Regulation, such as the access right restriction pursuant to Article 15 (4) GDPR and the restriction of the right to erasure pursuant to Article 17 (3) (d) GDPR. The information obligation exemptions pursuant to Article 14 (5) GDPR have already been addressed above.

57. It has to be noted that, in the light of the jurisprudence of the ECJ, all restrictions of the rights of data subjects must apply only in so far as it is strictly necessary.