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Article 18
Right to restriction of processing
Chapter 3|Rights of Data Subjects|📖 3 min read
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Understanding This Article
Article 18 provides data subjects with the right to restrict processing rather than requesting erasure. This is particularly useful when data subjects want to preserve data but limit how it's used, often during disputes or legal proceedings.
Paragraph 1 establishes four specific circumstances where restriction can be requested:
(a) Accuracy dispute: When accuracy is contested, processing is restricted while the controller verifies. This prevents potentially inaccurate data from being used while investigation occurs.
(b) Unlawful but preserved: When processing is unlawful but the data subject prefers restriction over deletion (e.g., they might need the data as evidence).
(c) Retention for claims: When the controller no longer needs the data but the data subject requires it for legal claims.
(d) Pending objection: After objecting under Article 21, restriction applies while verifying whether controller's legitimate interests override the data subject's.
Paragraph 2 defines what 'restriction' means: data can only be stored, not processed further, except for five specific purposes: with consent, for legal claims, to protect others' rights, for important public interests, or with consent.
Paragraph 3 requires controllers to inform data subjects before lifting any restriction.
Key Points
Four grounds for restriction: accuracy contest, unlawful processing, legal claims need, or pending objection
Restricted data can only be stored, not further processed (except with consent or for specific purposes)
Alternative to erasure when data subject prefers restriction
Controller must inform data subject before lifting restriction
Temporary measure, particularly useful during disputes
Practical Application
Scenario 1 - Accuracy Dispute:
A job applicant discovers their background check contains incorrect information about a previous employer. They request restriction while the screening company verifies the accuracy. During this period, the data can be stored but not shared with potential employers.
Scenario 2 - Unlawful Processing:
An employee discovers their employer processed sensitive health data without proper legal basis. Rather than requesting deletion (which might hinder a discrimination claim), they request restriction. The data is preserved as evidence but cannot be used for HR decisions.
Scenario 3 - Legal Claims:
After an insurance policy expires, the company no longer needs the customer's data. However, the customer is pursuing a complaint and requests restriction rather than deletion. The insurer must preserve the data but cannot use it for marketing or other purposes.
Scenario 4 - Pending Objection:
A person objects to direct marketing based on legitimate interests. While the company assesses whether their legitimate interests override the objection, processing must be restricted.
Implementation Guidance:
Mark restricted records clearly in systems to prevent accidental processing
Implement technical controls to enforce restriction
Set up workflows for restriction requests
Document restriction decisions and lifting dates
Train staff on the difference between restriction and erasure
Notify recipients of restricted status (per Article 19)