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Legal Basis for Research

 

Primary Use of Data

In advance of any data collection, Researchers must inform participants of the legal basis under GDPR.  

Personal Data

We advise researchers to rely on Article 6 (1)(e) GDPR quoted in full below:

Processing is

It is a primary object and function of the University under the Irish Universities Act 1997, (section 12 (a),(j) and section 13 (b)) to promote and facilitate research.

Special Category Personal Data (or Sensitive Personal Data)

We advise researchers to rely on Article 9(2)(j) GDPR quoted in full below: 

Processing is

Secondary Data Use – Legal Basis for Research

If researchers wish to use personal data for a secondary use, such use is presumed compatible with the original purpose – if the research is in the public interest (Article 5(1) GDPR). 

Researchers should carry out due diligence on any third party provider of data, and Data Transfer Agreements should be put in place to record any transfers into Trinity College Dublin. 

Article 89(1) GDPR safeguards must be implemented if you wish to further process data for research. 

Please see EDPS opinion here for further information on Article 89(1) safeguards and the exemptions which may apply to research in the public interest.

For health research, please see here for further guidance, as explicit consent is required for any health research in Ireland