Applicable restrictions
Article 2
1. Subject to Articles 3 to 7 of this Decision, where the exercise of the rights and obligations referred to in the following provisions would adversely affect the protection of the data subject or the rights and freedoms of others in accordance with Article 25(1), point (h), of Regulation (EU) 2018/1725, the Commission may restrict the application of: (a) Articles 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725; (b) the principle of transparency laid down in Article 4(1), point (a), of Regulation (EU) 2018/1725 insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19 and 20 of that Regulation. The Commission shall exercise the power granted in the first subparagraph only in order to safeguard either of the following: (a) the objectives of the informal procedure set out in Chapter II of Title II of Decision C(2023) 8630; (b) the performance of the tasks of the Chief Confidential Counsellor and of the confidential counsellors of the Commission for the prevention of and fight against psychological and sexual harassment. The Commission shall exercise the power granted in the first subparagraph only in respect of either of the following personal data categories processed by the Commission: (a) data which victims report to the Chief Confidential Counsellor and the confidential counsellors of the Commission; (b) data which are detected by the Chief Confidential Counsellor as part of their task to inform the Director-General or the Head of Service concerned, and, if the victim agrees, IDOC, of recurrent allegations of harassment occurring in the same Directorate-General or Service. 2. The Commission may do so where the exercise of those rights and obligations would adversely affect the protection of the data subjects or the rights and freedoms of others in line with Article 25(1), point (h) of Regulation (EU) 2018/1725. 3. Paragraph 1 shall not affect the application of other Commission decisions laying down internal rules concerning the provision of information to data subjects and the restrictions under Article 25 of Regulation (EU) 2018/1725. 4. Before restrictions are applied, the Commission shall carry out a case-by-case assessment of their necessity and proportionality. Restrictions shall be limited to what is strictly necessary to achieve their objective.