for the lawfulness of the original processing, should
take into account, inter alia, any link between those
purposes and the purposes of the intended further
processing; the context in which the personal data has
been collected, in particular the reasonable expectations of data subjects based on their relationship
with the controller as to its further use; the nature of
the personal data; the consequences of the intended
further processing for data subjects; and the existence
of appropriate safeguards in both the original and
intended further processing operations.
should be limited to what is necessary for the purpose
for which it is processed. It should only be processed
if, and as long as, the purposes cannot reasonably
be fulfilled by processing information that does not
involve personal data. Furthermore, this requirement
not only refers to the quantity, but also to the quality
of personal data. Personal data which is adequate
and relevant but would entail a disproportionate
interference in the fundamental rights and freedoms
at stake should be considered as excessive and not be
processed.
50. The further processing of personal data, referred
to in paragraph 4,b. for archiving purposes in the public
interest, scientific or historical research purposes or
statistical purposes is a priori considered as compatible provided that other safeguards exist (such as, for
instance, anonymisation of data or data pseudonymisation, except if retention of the identifiable form is
necessary; rules of professional secrecy; provisions
governing restricted access and communication of
data for the above-mentioned purposes, notably in
relation to statistics and public archives; and other
technical and organisational data-security measures)
and that the operations, in principle, exclude any use
of the information obtained for decisions or measures
concerning a particular individual. “Statistical purposes” refers to the elaboration of statistical surveys
or the production of statistical, aggregated results.
Statistics aim at analysing and characterising mass or
collective phenomena in a considered population.10
Statistical purposes can be pursued either by the public
or the private sector. Processing of data for “scientific
research purposes” aims at providing researchers
with information contributing to an understanding of
phenomena in varied scientific fields (epidemiology,
psychology, economics, sociology, linguistics, political
science, criminology, etc.) with a view to establishing
permanent principles, laws of behaviour or patterns of
causality which transcend all the individuals to whom
they apply.11 “Historical research purposes” includes
genealogical research. “Archiving purposes in the public interest” can also include archives originating from
private entities, where a public interest is involved.
53. The requirement of paragraph 4,e. concerning
the time-limits for the storage of personal data means
that data should be deleted once the purpose for
which it was processed has been achieved, or that it
should only be kept in a form that prevents any direct
or indirect identification of the data subject.
51. Personal data undergoing processing should be
adequate, relevant and not excessive. Furthermore,
the data should be accurate and, where necessary,
regularly kept up to date.
52. The requirement of paragraph 4,c. that data
be “not excessive” first requires that data processing
10. Recommendation No. R (97) 18 of the Committee of Ministers
to member States, concerning the protection of personal data
collected and processed for statistical purposes, Appendix,
point 1, 30 September 1997.
11. Explanatory Memorandum to Recommendation No. R (97) 18
of the Committee of Ministers to member States, concerning
the protection of personal data collected and processed for
statistical purposes, paragraphs 11 and 14.
54. Limited exceptions to Article 5 paragraph 4 are
permitted under the conditions specified in Article 11
paragraph 1.
Article 6 – Special categories of data
55. Processing of certain types of data, or processing
of certain data for the sensitive information it reveals,
may lead to encroachments on interests, rights and
freedoms. This can for instance be the case where
there is a potential risk of discrimination or injury to
an individual’s dignity or physical integrity, where the
data subject’s most intimate sphere, such as his or
her sex life or sexual orientation, is being affected, or
where processing of data could affect the presumption of innocence. It should only be permitted where
appropriate safeguards, which complement the other
protective provisions of the Convention, are provided
for by law. The requirement of appropriate safeguards,
complementing the provisions of the Convention, does
not exclude the possibility provided under Article 11
to allow exceptions and restrictions to the rights of
data subjects granted under Article 9.
56. In order to prevent adverse effects for the data
subject, processing of sensitive data for legitimate
purposes needs to be accompanied by appropriate
safeguards (which are adapted to the risks at stake and
the interests, rights and freedoms to be protected),
such as for instance, alone or cumulatively; the data
subject’s explicit consent; a law covering the intended
purpose and means of the processing or indicating
the exceptional cases where processing such data
would be permitted; a professional secrecy obligation;
measures following a risk analysis; a particular and
qualified organisational or technical security measure
(data encryption, for example).
57. Specific types of data processing may entail
a particular risk for data subjects independently of
the context of the processing. This is, for instance,
the case with the processing of genetic data, which
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