Source: OJ L 119, 4.5.2016, pp. 1–88Consolidated text

Current language: EN

Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes


Summary What does Article 89 of the GDPR regulation say?

This article establishes the conditions under which personal data may be processed for archiving in the public interest, scientific or historical research, or statistical purposes.

It acts as a qualifying framework that interacts directly with several data subject rights articles elsewhere in the regulation, permitting Member States to derogate from those rights where their exercise would seriously impair or make impossible the achievement of the relevant processing purposes.

The article makes clear that such derogations are not blanket exemptions — they must be accompanied by safeguards, including technical and organisational measures that uphold data minimisation, and where possible, pseudonymisation or full anonymisation.

Important points:

  • Controllers processing data for these purposes must implement safeguards, including technical and organisational measures, with data minimisation and pseudonymisation as primary tools.
  • Union or Member State law may grant derogations from key data subject rights (including access, rectification, restriction, and objection) for scientific, historical research, statistical, or public interest archiving purposes, but only where those rights would seriously impair or prevent the purposes from being achieved.
  • Where processing for these purposes runs alongside another purpose, any derogations apply only to the research or archiving element, not to the additional purpose.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

    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.

    1. 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.

    1. 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.

    1. 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.

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