In continuation to our last post (link here- https://worldprivacylaw.com/?p=868) now we shall discuss the safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Under article 89 the detailed provisions have been dealt and discussed. Without creating much confusions we must keep this following three purposes in mind for which safeguards and derogations are provided for and they are-
- Archiving purposes in the public interest
- Scientific research purposes
- Statistical purposes
Article 89 states that processing for above mentioned purposes is subject to appropriate safeguards, in accordance with rules contained under GDPR, for the rights and freedoms of the data subject. The safeguards referred under GDPR are mandated to ensure that technical and organizational measures are in place in particular in order to ensure respect for the principle of data minimization. Those measures may include pseudonymization provided that those purposes can be fulfilled in that manner. When those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes must be fulfilled in that manner.
Data Processing for scientific or historical research or statistical purposes-
In the situation when processing of data is for scientific or historical research purposes or statistical purposes, Union or Member State law may provide for derogations from the rights referred under articles 15, 16, 18 and 21 subject to the conditions and safeguards referred in para 1 of Article 89 in so far as such rights are likely to render impossible or seriously impair the achievements of the specific purposes, and such derogations are necessary for the fulfilment of those purposes.
When personal data are processed for archiving purposes in the public interest –
Where personal data are processed for archiving purposes in the public interest, Union or Member States law may provide for derogations from the rights referred to in articles 15, 16, 18, 19, 20 and 21 subject subject to the conditions and safeguards referred in para 1 of article 89 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes, and such derogations are necessary for the fulfillment of those purposes.
Where processing referred to in paras 2 and 3 of article 89 serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to in those paragraphs.
Picture Credit- https://incorporated.zone/article-89-gdpr