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Offical Journal Of Europeans union
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household activities could include correspondence and the holding of addresses, or social networking and online
activity undertaken within the context of such activities. However, this Regulation applies to controllers or
processors which provide the means for processing personal data for such personal or household activities.
(19) The protection of natural persons with regard to the processing of personal data by competent authorities for the
purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of
criminal penalties, including the safeguarding against and the prevention of threats to public security and the free
movement of such data, is the subject of a specific Union legal act. This Regulation should not, therefore, apply
to processing activities for those purposes. However, personal data processed by public authorities under this
Regulation should, when used for those purposes, be governed by a more specific Union legal act, namely
Directive (EU) 2016/680 of the European Parliament and of the Council (
1
). Member States may entrust
competent authorities within the meaning of Directive (EU) 2016/680 with tasks which are not necessarily
carried out for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the
execution of criminal penalties, including the safeguarding against and prevention of threats to public security, so
that the processing of personal data for those other purposes, in so far as it is within the scope of Union law,
falls within the scope of this Regulation.
With regard to the processing of personal data by those competent authorities for purposes falling within scope
of this Regulation, Member States should be able to maintain or introduce more specific provisions to adapt the
application of the rules of this Regulation. Such provisions may determine more precisely specific requirements
for the processing of personal data by those competent authorities for those other purposes, taking into account
the constitutional, organisational and administrative structure of the respective Member State. When the
processing of personal data by private bodies falls within the scope of this Regulation, this Regulation should
provide for the possibility for Member States under specific conditions to restrict by law certain obligations and
rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to
safeguard specific important interests including public security and the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the
prevention of threats to public security. This is relevant for instance in the framework of anti-money laundering
or the activities of forensic laboratories.
(20) While this Regulation applies, inter alia, to the activities of courts and other judicial authorities, Union or
Member State law could specify the processing operations and processing procedures in relation to the
processing of personal data by courts and other judicial authorities. The competence of the supervisory
authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in
order to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-
making. It should be possible to entrust supervision of such data processing operations to specific bodies within
the judicial system of the Member State, which should, in particular ensure compliance with the rules of this
Regulation, enhance awareness among members of the judiciary of their obligations under this Regulation and
handle complaints in relation to such data processing operations.
(21) This Regulation is without prejudice to the application of Directive 2000/31/EC of the European Parliament and
of the Council (
2
), in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that
Directive. That Directive seeks to contribute to the proper functioning of the internal market by ensuring the free
movement of information society services between Member States.
(22) Any processing of personal data in the context of the activities of an establishment of a controller or a processor
in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself
takes place within the Union. Establishment implies the effective and real exercise of activity through stable
arrangements. The legal form of such arrangements, whether through a branch or a subsidiary with a legal
personality, is not the determining factor in that respect.
L 119/4 EN Official Journal of the European Union 4.5.2016
(
1
) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council
Framework Decision 2008/977/JHA (see page 89 of this Official Journal).
(
2
) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
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