The launch of General Data Protection Regulation (GDPR), on 25th May 2018, is envisioned to bring uniformity to the method in which data safety is dealt with all over the EU. That being stated, there will be circumstances where member countries can apply their own laws.
Article 23 and Deviations
There are specific areas, protected by Article 23 of GDPR, where European Union member countries can create deviations, which allow them to make laws outside of GDPR conditions. These areas include:
- The safety of the republic.
- The enabling and safeguarding of judicial freedom.
- The enabling of the implementation of matters regarding civil rule.
Any deviation should be essential and should still take into consideration data safety.
Articles 85 to 91 and Deviations
Article 23 of the GDPR isn’t the only one which deals with possible deviations.
Articles 85 to 91 deal with different circumstances where it might be suitable for individual member countries of the European Union to create deviations and make laws outside of GDPR requirements. These circumstances include:
- When liberty of information and communication is concerned.
- When the general public requires having access to official papers.
- When national ID numbers are concerned.
- When the condition involves dealing with the private data of workers.
- When data is needed for historical or scientific research.
- When there is a responsibility to confidentiality.
- When churches or religious groups are concerned.
No doubt, member countries still have to take into consideration data safety continuously. However, they can make additional laws outside of GDPR in these circumstances. It is not clear how far nations will go with making these laws, even though we know that Germany already has several ready to create a safe atmosphere for the safety of private data.