Posts trying to understand the position of research data and activities under data protection law. Usually unsuccessfully, because neither regulators nor funders seem to know either…
As data protection regulators keep reminding us, the research and data protection communities mean different things when they talk about “consent”. A couple of recent conversations have made me wonder whether that terminology clash may have another effect: are those putting research into practice missing out on existing guidance that could help with that transition? […]
The European Data Protection Supervisor has just published an interesting paper on the research provisions in the GDPR. The whole thing is worth reading, but some things particularly caught my eye: Stresses (again) that research-consent is not the same as GDPR-consent, though the former may still be an “appropriate safeguard” when using a legal basis […]
Like the current Data Protection Act 1998, the General Data Protection Regulation (GDPR) will apply to any research involving data about identifiable living individuals. Also like the Act, the Regulation provides for adaptation in a couple of areas where this is needed to make such research possible. All processing of personal data needs a legal […]
Jisc responded to the DCMS consultation on implementing the Research provisions of the GDPR into UK law. The exemptions from certain obligations and data subject rights contained in section 33 of the Data Protection Act 1998 have been vital in enabling long-term research studies, including in health and social sciences, while ensuring the protection of […]
The Department for Culture, Media and Sport has called for views on how the UK should use the “derogations” (i.e. opportunities and requirements for national legislation) contained within the General Data Protection Regulation. The main area where derogations, or the lack of them, could affect the Jisc community is in the application of the GDPR […]