Recital 19

(19) The protection of individuals in connection with the processing of personal data by competent authorities in the framework of the prevention, investigation, detection or prosecution of criminal offenses, or the execution of penalties, including for the protection against and prevention of threats to public security, and the free movement of such data are subject to a specific Union legal act. This Regulation should therefore not apply to processing activities for these purposes. However, if personal data processed by public authorities under this Regulation is used for those purposes, the data should be subject to a specific Union legal act, namely Directive (EU) 2016/680* of the European Parliament and of the Council. Member States may entrust the competent authorities within the meaning of Directive (EU) 2016/680 with tasks - which are not necessarily for the prevention, investigation, detection or prosecution of criminal offenses, or the execution of penalties, including the protection against and prevention of threats to public security - so that the processing of personal data for these other purposes, insofar as it falls within the scope of Union law, falls within the scope of this Regulation. With regard to the processing of personal data by these competent authorities for purposes falling within the scope of this Regulation, Member States should be able to retain or introduce specific provisions adapting the application of the provisions of this Regulation. In such provisions, it is possible to clarify the specific requirements for processing by these competent authorities for these other purposes, taking into account the constitutional, organizational and administrative structures of the Member State concerned. Where the processing of personal data by private parties falls within the scope of this Regulation, this Regulation should allow Member States, under certain conditions, to restrict certain obligations and rights in their laws, insofar as such restriction constitutes, in a democratic society, a necessary and proportionate measure to protect certain vital interests, including public security and the prevention, investigation, detection or prosecution of criminal offenses, or the enforcement of penalties, including the protection against and prevention of threats to public security. This is relevant, for example, in connection with anti-money laundering or in the operation of forensic laboratories.

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Recital 19 of the preamble to the GDPR | ODO 24