Part 5Data protection and privacy
Chapter 1Data protection
Definitions in the UK GDPR and the 2018 Act
68Consent to processing for the purposes of scientific research
(1)
Article 4 of the UK GDPR (definitions) is amended as follows.
(2)
In point (11) of paragraph 1 (definition of “consent”), at the end insert “(and see paragraphs 6 and 7 of this Article)”
.
(3)
“6.
A data subject’s consent is to be treated as falling within the definition of “consent” in point (11) of paragraph 1 if—
(a)
it does not fall within that definition because (and only because) the consent is given to the processing of personal data for the purposes of an area of scientific research,
(b)
at the time the consent is sought, it is not possible to identify fully the purposes for which personal data is to be processed,
(c)
seeking consent in relation to the area of scientific research is consistent with generally recognised ethical standards relevant to the area of research, and
(d)
so far as the intended purposes of the processing allow, the data subject is given the opportunity to consent only to processing for part of the research.
7.
References in this Regulation to consent given for a specific purpose (however expressed) include consent described in paragraph 6.”