s.23Research, history or statistics
23
Section 23Part 4 — EXEMPTIONS

Research, history or statistics

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In this section, “relevant conditions” means —
the condition that the personal data are not processed to support a measure or decision with respect to a particular data subject; and
the condition that the personal data are not processed in such a way that substantial damage or substantial distress is likely to be caused to any data subject.
Personal data processed for statistical purposes or for the purposes of historical or scientific research in compliance with the relevant conditions are exempt from the first data protection principle to the extent to which it requires compliance with paragraph 2(b) of Part 2 of Schedule 1.
Subsection (2) applies if —
the provision of such information proves impossible or would involve a disproportionate effort; or
processing is required by or under an enactment.
For the purposes of the second data protection principle, the further processing of personal data for the purpose of research, history or statistics in compliance with the relevant conditions is not to be regarded as incompatible with the purposes for which they were obtained.
Personal data processed solely for the purposes of scientific research or kept in a form that identifies a data subject for a period which does not exceed the period necessary for the sole purpose of creating statistics are exempt from section 8.
Subsection (5) applies if —
the data are processed in compliance with the relevant conditions;
there is no risk of breaching the rights and freedoms of the data subject; and
the results of the research or any resulting statistics are not made available in a form that identifies one or more of the data subjects.
Personal data processed for historical, statistical or scientific purposes in compliance with the relevant conditions are exempt from the fifth data protection principle to the extent to which compliance would be likely to prejudice those purposes.

Defined Terms

relevant conditions

Cross References