The GDPR and the scientific research exemption : a comparative analysis

Abstract

This dissertation seeks to discuss the implementation of the scientific research exemption in Malta. The research exemption is a special regime set out by the in the General Data Protection Regulation (GDPR). Its purpose is to encourage genuine research and the free flow of data within the European Research Area (ERA). Moreover, it provides greater flexibility in the processing of special categories of personal data for scientific research purposes by allowing derogations from key data protection principles and data subject rights stipulated in the GDPR. Such derogations are meant to be subject to appropriate safeguards, which aim to create a balance between the importance of scientific research and the data privacy of individuals. Although the Maltese implementation allows certain derogations from data subject rights, it does not cater for concrete safeguards to create this balance. This makes the national law limited in scope and lacking in guidance. This study aims to investigate how this exemption is implemented in selected countries to propose suitable recommendations for the Maltese legal framework. For this reason, the implementation of the research exemption was analysed in selected foreign legal systems. This analysis demonstrated the existence of a hugely fragmented legal landscape and a lack of uniformity at Member State level. The ambiguity results from the GDPR itself being vague and lacking in guidance, although this legislation is meant to enhance harmonisation. This vagueness could have been intended to offer more flexibility for research, yet it leads to a lack of legal certainty. On this basis, distinct measures have been identified in selected legal systems, and recommendations are presented in the hope that the Maltese implementation is improved.