Use for public security purposes (Art. 5.3(e) InfoSoc)

This (optional) exception or limitation allows reproduction, communication to the public or making available to the public of works or other subject matter (other than databases and software), for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings.

Although the provision itself does not explicitly restrict the scope of beneficiaries, the EU Court of Justice interprets it in Painer (Case C-145/10) as meaning that free use may be exercised solely by a competent public authority and, in certain cases, by a third party only in coordination with competent national authorities.

This exception has been implemented in the following Member States:

In Croatia in Articles 200 and 212 of the Copyright and Related Rights Act
In The Netherlands in Artikel 22 Auteurswet
In Romania in Article 35, para 1, (a) of the Law No 8/1996 on copyright and related rights
In Slovakia in Section 53 of the Copyright Act
In Spain in Article 31bis of Law 23/2006
In Estonia in §19, para 1(5) of the Copyright Act
In Czech Republic in Section 34(a) of the Copyright Act
In Finland in §25d of the Copyright Act
In Sweden in Articles 26a and 26b of the Act (1960:729) on copyright in literary and artistic works
In Portugal in Article 75(2)(n) Código do Direito de Autor e dos Direitos Conexos
In Hungary in Section 41, paras 2 and 3 of the Copyright Act
In Slovenia in Article 56 of the Copyright and Related Rights Act
In Latvia in Section 24 and of the Copyright Act
In Luxembourg in Article 10, 12° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Poland in Article 33'' of the Copyright and Related Rights Act
In Ireland in Section 71 et sec of the Copyright and Related Rights Act
In Lithuania in Article 27 of the Law No VIII- 1185 on Copyright and Related Rights
In Austria in Section 41 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Bulgaria in Article 24, para 1, p.13 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.13 от Закона за авторското право и сродните му права)
In Denmark in § 28 of the Copyright Act
In France in Article L331-4 of the Intellectual Property Code
In Greece in Article 24 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues (updated up to the Law 4672/2020).
In Malta in Article 9(1)l of Chapter 415 of the Laws of Malta
In Germany in Section 45 of the Act on Copyright and Related Rights (UrhG)