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Earlier this year, the European Data Protection Board (“EDPB”) issued additional guidance on the application of the General Data Protection Regulation (“GDPR”) in the area of scientific health research.
In key takeaways from the guidance, the EDPB:
Confirmed that the informed consent that individuals must provide under ethical standards to participate in scientific research (including clinical trials) is to be distinguished from Art. 9(2)(a) GDPR (and, therefore, legal grounds other than consent, provided under Articles 6 and 9, may be relied upon for processing health data);
Confirmed that the processing of personal data for scientific research may rely on Member State law that specifically authorizes such processing, under Art. 9(2)(j);