Restrictions
Article 3
1. Subject to Articles 3 to 8 of this Decision, the Commission may restrict the application of Articles 14 to 20 and 35 of Regulation (EU) 2018/1725, as well as the principle of transparency laid down in Article 4(1), point (a), of that Regulation, insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 20 of Regulation (EU) 2018/1725 where: (a) the exercise of those rights would jeopardise the purpose of the Commission’s supervisory, investigative, enforcement, and monitoring activities under Regulation (EU) 2022/2065, in line with Article 25(1), points (c) and (g) of Regulation (EU) 2018/1725; (b) the exercise of those rights and obligations would adversely affect the protection of the data subject or the rights and freedoms of others in line with Article 25(1), point (h), of Regulation (EU) 2018/1725; (c) the exercise of those rights and obligations could jeopardise the Commission’s cooperation with Member States with the purpose of ensuring the effective application of Regulation (EU) 2022/2065, in line with Article 25(1), points (b), and (g), of Regulation (EU) 2018/1725. 2. Before applying restrictions in the circumstances referred to in paragraph 1, point (c), the Commission shall consult the relevant Member States on potential grounds for imposing restrictions and the necessity and proportionality of those restrictions, unless this would jeopardise the activities of the Commission. 3. Paragraphs 1, and 2 of this Article are without prejudice to the application of other Commission decisions laying down internal rules concerning the provision of information to data subjects and the restriction of certain rights under Article 25 of Regulation (EU) 2018/1725. 4. Before restrictions referred to in paragraph 1 are applied, the Commission shall carry out and document a case-by-case assessment of their necessity and proportionality. Those restrictions shall be limited to what is strictly necessary to achieve their objective.