Recital 159
General Data Protection Regulation · UE 2016/679
| (159) | Where personal data are processed for scientific research purposes, this Regulation should also apply to that processing. For the purposes of this Regulation, the processing of personal data for scientific research purposes should be interpreted in a broad manner including for example technological development and demonstration, fundamental research, applied research and privately funded research. In addition, it should take into account the Union's objective under Article 179(1) TFEU of achieving a European Research Area. Scientific research purposes should also include studies conducted in the public interest in the area of public health. To meet the specificities of processing personal data for scientific research purposes, specific conditions should apply in particular as regards the publication or otherwise disclosure of personal data in the context of scientific research purposes. If the result of scientific research in particular in the health context gives reason for further measures in the interest of the data subject, the general rules of this Regulation should apply in view of those measures. |
In Luxembourg, scientific research involving health data is governed by the Act of 1 August 2018 organising the CNPD and the general data protection regime (Article 65) and by the Act of 14 July 2023 on the secondary use of health data which implements EHDS principles. The CNPD (never APDL) supervises Article 89 compliance and systematically requires an opinion from the Comite national d'ethique de recherche (CNER) for projects involving health data.
Luxgap practice: we orchestrate in parallel the CNPD dossier (Article 89 analysis, DPIA if required) and the CNER dossier, with a single matrix that avoids double entry and ensures consistency between both reviews.
