FEK årskonferanse 28. februar 2018. Open data –an important aspect of open science. How does this idea challenge the basic principals of privacy rights? FEK årskonferanse 28. februar 2018. 22.11.2018

Open science –an introduction Open science embodies a number aspects, at the core this includes open access, open data, open source, and open standards that offer unfettered dissemination of scientific discourse (uavhengig formidling av vitenskapelig diskurs) These things enable reproducible science by giving full access to the major components of scientific research. Kilde: opensource.com

Nasjonale føringer

PERSONVERNPRINSIPPENE: Lovlighet, rettferdighet og gjennomsiktighet Formålsbegrensning Dataminimering Lagringsbegrensning Integritet og fortrolighet Ansvar

Basic principals relating to processing of personal data, GDPR art. 5 Personal data shall be Processed lawfully, fairly and in a transparent manner in relation to the data subjects (lawfulness, fairness and transparency) Collected for specified, explicit and legitimate purposes and not further processes in a manner that is incompatible with those purposes. (purpose limitation) Further processing for …scientific…purposes shall in accordance with Article 89 (1) not be considered to be incompatible with the initial purposes. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)

Accurate and where necessary, kept up to date Accurate and where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay. (accuracy) Kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data are prosessed. Personal data may be stored for longer periods insofar as the personal data will be prosessed solely for … scientific purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this regulation in order to safeguard the rights and freedoms of the data subjects. (storage limitation)

Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. (integrity and confidentiality) The controller shall be responsible for, and be able to demonstrate compliance with paragraph 1 (accountability)

GDPR art 89(1) Processing for … scientific or historical research purposes… shall be subject to appropriate sefaguards, 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.

DE REGISTRERTES RETTIGHETER

Unntak? Artikkel 11 Artikkel 89(2) og (3) Data som ikke krever identifisering Artikkel 89(2) og (3) Lovregulerte unntak fra de registrertes rettigheter

BEHANDLINGSANSVARLIGES OG DATABEHANDLERES PLIKTER by design

Consent, Artikkel 4(11) Any freely given, specific, informed and unamiguous indication of the data subject’s wishes by which he or she, by statement or by a clear affirmative action, signifies agreement to data processing of personal data relating to him or her.

Processing of special categories of personal data, Artikkel 9 (1) Shall be prohibited! (2)Unless: the data subject har given explicit concent to the prosessing of those personal data for one or more specified purposes… (…) Processing is necessary for …research purposes… in accordance with Article 89(1) based on Union or Member state law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

And besides… Member states may maintain or introduce further conditions, including limitations, with regard to processing of genetic data, biometric data or data concerning health. «Nullius in verba» Take nobody’s word for it.

Takk for oppmerksomheten! gral@datatilsynet.no | +47 22396913