Derogations for research purpose
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The term ‘scientific research’ is not defined in the GDPR. However, Recital 159 states “(…) For the purposes of this Regulation, the processing of personal data for scientific research purposes should be interpreted in a broad manner. (…)”.
The European Data Protection Supervisor EDPS (formerly Article 29 Working Party) considers the notion may not be stretched beyond its common meaning and understands that ‘scientific research’ in this context means a research project set up in accordance with relevant sector-related methodological and ethical standards, in conformity with good practice .
The GDPR recognises the relevance of research and defines some derogations or exceptions for processing personal data “for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes”. These derogations are introduced in art. 89 and art. 85 of the GDPR.
The derogations for research purpose concern:
- Purpose limitation (art. 5-1-b);
- Storage limitation (art. 5-1-e);
- Process special categories of personal data (art. 9);
- Information to be provided when data have not been obtained from the data subject (art. 14);
- Rights of data subjects (arts. 15-16-17-18-21);
- Processing which does not require identification (art. 11).
 Article 29 Working Party, Guidelines on Consent under Regulation 2016/679
|Last modified:||09 September 2019 4.25 p.m.|