Part 5Data protection and privacy

Chapter 1Data protection

Definitions in the UK GDPR and the 2018 Act

67Meaning of research and statistical purposes

(1)

In Article 4 of the UK GDPR (definitions)—

(a)

the existing text becomes paragraph 1, and

(b)

after that paragraph insert—

“2.

References in this Regulation to the processing of personal data for the purposes of scientific research (including references to processing for “scientific research purposes”) are references to processing for the purposes of any research that can reasonably be described as scientific, whether publicly or privately funded and whether carried out as a commercial or non-commercial activity.

3.

Such references—

(a)

include processing for the purposes of technological development or demonstration, fundamental research or applied research, so far as those activities can reasonably be described as scientific, but

(b)

only include processing for the purposes of a study in the area of public health that can reasonably be described as scientific where the study is conducted in the public interest.

4.

References in this Regulation to the processing of personal data for the purposes of historical research (including references to processing for “historical research purposes”) include processing for the purposes of genealogical research.

5.

References in this Regulation to the processing of personal data for statistical purposes are references to processing for statistical surveys or for the production of statistical results where—

(a)

the information that results from the processing is aggregate data that is not personal data, and

(b)

the controller does not use the personal data processed, or the information that results from the processing, in support of measures or decisions with respect to a particular data subject to whom the personal data relates.”

(2)

In consequence of the amendment made by subsection (1)(a), in section 6 of the 2018 Act (meaning of “controller”), for “4(7)” substitute “4(1)(7)”.