S.L. 581.1 Art. 11Restriction.

(1) The MARAM Board may restrict the rights and obligations provided for in Articles 12 to 22 and Article 34 of Regulation (EU) 2016/679, as well as the principles of data processing in so far as these correspond to the rights and obligations provided for in Articles 12 to 22 of Regulation (EU) 2016/679, when such a restriction respects the essence of fundamental rights and freedoms and is a necessary and proportionate measure to safeguard the interests of persons who are, or may be, at risk of gender-based and, or domestic violence.

(2) Before the MARAM Board applies a restriction in accordance with sub-regulation (1), the MARAM Board shall assess the necessity and proportionality of such measure based on the specific circumstances of each individual case. The necessity and proportionality assessment shall be documented and made available to the Information and Data Protection Commissioner, when and as requested.

(3) The MARAM Board shall inform the data subject of the application of a restriction within the timeframe as established in Article 12(3) of Regulation (EU) 2016/679, unless this may be prejudicial to the purpose of the restriction:

Provided that the MARAM Board shall justify the alleged prejudice incurred to the Information and Data Protection Commissioner, when and as requested.

(4) The MARAM Board shall apply the restriction for as long as the reason justifying such measure remains applicable. Where the reason for a restriction no longer applies, the MARAM Board shall lift the restriction, inform the affected data subject, and comply with its obligations as established in Regulation (EU) 2016/679 without undue delay.

(5) The MARAM Board shall annually review the application of a restriction invoked in terms of sub-regulation (1) and depending on the outcome of such review, inform the data subject accordingly.

(6) The MARAM Board shall keep a register to record the restrictions applied in relation to the requests made by the data subjects. The register shall include information in relation to the data subject, the right requested to be exercised that was restricted and the reason of such restriction. Restriction of rights in accordance with Article 34 of Regulation (EU) 2016/679 shall also be recorded in the register.