How to Demonstrate Compliance With GDPR Article 18

GDPR Article 18 deals with a data subject’s ability to request the blocking of data where, processing activities have been deemed unlawful.

Under GDPR law, data subjects can limit the amount of processing that’s performed on their data.

If an individual asks a data controller to restrict their processing activities, organisations are only then allowed to store said data, and are unable to share it with third parties or process it in any other way without the data subject’s express consent.

GDPR Article 18 Legal Text

EU GDPR Version

Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
• 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;
• the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
• 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;
• 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.
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.

UK GDPR Version

Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
• 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;
• the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
• 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;
• 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.

Technical Commentary

Data subjects have four legal grounds through which to make a request that restricts the processing of their data:

1. the accuracy of the data;
2. illegal/unlawful processing activities;
3. in support of legal claims;
4. official objections (in line with Article 21 GDPR).

Organisations are able to fall back upon a series of conditions that allow them to continue to process the data in the same way, even though a request has been received to restrict such operations:

• the data subject has provided consent to other processing activities;
• in support of a legal claim or court case;
• the protection of the individual rights and freedoms of another person;
• where there is an important public interest.