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Article 89 GDPR (Safeguards And Derogations Relating To Processing For Archiving Purposes In The Public Interest, Scientific or Historical Research Purposes or Statistical Purposes)

Article 89 of GDPR: Safeguards And Derogations Relating To Processing For Archiving Purposes In The Public Interest, Scientific or Historical Research Purposes or Statistical Purposes

Article 89 of GDPR provides for the guidelines with respect to the processing of personal data in the context of scientific, statistical or historical purposes or for archiving in the public interest. 

Appropriate safeguards (Article 89(1) GDPR)

In consideration of the appropriate safeguards and the protection data subject rights, personal data can be processed for the following purposes:

  1. Archiving purposes in the public interest
  2. Scientific purposes
  3. Historical purposes
  4. Statistical purposes 

Nonetheless, organizations must adopt the following measures:

  1. Implement data minimisation principles
  2. Adopt pseudonymization techniques as much as possible 

Derogation for scientific, historical or statistical purposes (Article 89(2) GDPR)

EU member countries may derogate to the following GDPR obligations in the event they intend to process personal data for scientific, historical or statistical purposes:

  1. Access rights by data subjects
  2. Right to rectification 
  3. Right to restrict processing 
  4. Right to object to data processing 

The derogation to the above obligations can be done only to the extent that such GDPR rights may render the achievement of the intended purpose impossible or seriously impair the operation.

Derogation for archiving purposes in the public interest (Article 89(3) GDPR)

EU member countries may derogate from the following GDPR obligations to process data for archiving purposes in the public interest:

  1. Access rights by data subjects
  2. Right to rectification 
  3. Right to restrict processing 
  4. Right to erasure
  5. Right to data portability 
  6. Right to object to data processing 

The derogation to the above obligations can be done only to the extent that such GDPR rights may render the achievement of the intended purpose impossible or seriously impair the operation.

Multiple processing operations (Article 89(4) GDPR)

When data processing involves any of the reasons outlined under Article 89 and another processing purpose, the derogations authorized under this Article can only be applied for the purpose of scientific, historical, statistical or archiving purposes.

Recitals applicable to Article 89 of GDPR

Relevant Recitals: 156, 157, 158, 159, 160, 161, 162, 163

GDPR Regulation article-by-article overview

Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.

Cited Legislation in Article 89 or relevant recitals

Treaty on the Functioning of the European Union

Regulation (EU) No 536/2014

Regulation (EC) No 223/2009

GDPR Text: Article 89 of GDPR and Relevant Recitals

GDPR Text Source: EUR-Lex

Official GDPR Text: General Data Protection Regulation 

Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)

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