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RGPD

Article 89

Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

1.   Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with this Regulation, for the rights and freedoms of the data subject. Those safeguards shall ensure that technical and organisational measures are in place in particular in order to ensure respect for the principle of data minimisation. Those measures may include pseudonymisation provided that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner.

2.   Where personal data are processed for scientific or historical research purposes or statistical purposes, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18 and 21 subject to the conditions and safeguards referred to in paragraph 1 of this Article 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 fulfilment of those purposes.

3.   Where personal data are processed for archiving purposes in the public interest, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18, 19, 20 and 21 subject to the conditions and safeguards referred to in paragraph 1 of this Article 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 fulfilment of those purposes.

4.   Where processing referred to in paragraphs 2 and 3 serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to in those paragraphs.

Common Questions

Frequently Asked Questions

What safeguards does Article 89 require for processing for archiving, research or statistical purposes?

Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes must be subject to appropriate safeguards for the rights and freedoms of the data subject. Those safeguards must ensure that technical and organisational measures are in place, in particular to ensure respect for the principle of data minimisation.

The measures may include pseudonymisation, provided the purposes can be fulfilled in that manner. And where the purposes can be fulfilled by further processing which does not permit, or no longer permits, the identification of data subjects, they must be fulfilled in that way.

Can data subject rights be restricted when data are processed for scientific or historical research or statistical purposes?

Yes. Where personal data are processed for scientific or historical research purposes or statistical purposes, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18 and 21.

Two conditions apply: those rights must be likely to render impossible or seriously impair the achievement of the specific purposes, and the derogations must be necessary for the fulfilment of those purposes. The conditions and safeguards of paragraph 1 still apply.

Are the possible derogations different for archiving in the public interest?

Yes, the list of rights is wider. For archiving purposes in the public interest, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18, 19, 20 and 21, so it adds Articles 19 and 20 compared with the research and statistics case.

The same conditions apply: the rights must be likely to render impossible or seriously impair the achievement of the specific purposes, the derogations must be necessary for those purposes, and the safeguards of paragraph 1 remain in place.

What happens if the processing serves another purpose at the same time?
The derogations then apply only to the processing carried out for the archiving, research or statistical purposes referred to in paragraphs 2 and 3. Processing for the other purpose is not covered by those derogations.