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OneTrust GDPR Deep Dive Series Chapter 9: Provisions Relating to Specific Processing Situations
Chapter 9 of the General Data Protection Regulation (GDPR) cover a set of derogations and exemptions for specific types of processing. It includes requirements on the processing of employee data, use for journalistic and academic purposes, public access to official documents, and scientific and historical research, to name a few.
Freedom of Expression and Information
Article 85 requires that Member States, when implementing the Regulation at the national level, provide exemptions to “reconcile the right to protection of personal data… with the right to freedom of expression and information.” This allows for data processing on specific data for certain purposes to protect journalistic, academic, artistic, and literary expression.
Public Access to Official Documents
This provision allows for personal information in official documents to be disclosed, but that is not without limit. Public sector data re-use does not change authorities’ obligations or individual rights.
National Identification Numbers
Article 87 recognizes Member States’ rights to process national IDs, but requires appropriate safeguards to be in place.
Employee Data
This provision gives Member States the right to create stricter or more specific rules in employee data processing covering the employment lifecycle from recruiting to termination. Additionally, it requires outlining when consent is needed in certain instances.
Scientific, Historical, and Statistical Purposes
Article 89 outlines under what circumstances and how controllers can process data for scientific, historical, or statistical reasons, given that safeguards are in place when doing so. It also states that if anonymisation is not possible in conducting this kind of research, then pseudonymisation is required.
Churches and Religious Associations
The GDPR further entrenches and protects existing comprehensive rules for churches, religious associations, and protected communities.
Chapter 9 Articles & Descriptions
Article 85: Processing and freedom of expression and information
Article 86: Processing and public access to official documents
Article 87: Processing of the national identification number
Article 88: Processing in the context of employment
Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Article 90: Obligations of secrecy
Article 91: Existing data protection rules of churches and religious associations
