Part 5: Data Protection and Privacy Safeguards for processing for research etc purposes Section 86: Safeguards for processing for research etc purposes
Section 86 amends the UK GDPR by creating a new Chapter 8A and makes related consequential amendments. This new chapter consists of four new articles which combine the existing safeguards currently found in Article 89 of the UK GDPR and section 19 of the DPA 2018 for data processing for archiving in the public interest, scientific, historical and statistical research purposes. Section 86(2) amends the UK GDPR by creating new Article 84A. Article 84A outlines the categories of data processing that fall within the scope of this chapter (processing for scientific or historical research, archiving in the public interest and statistical purposes) and creates a new acronym, ‘RAS purposes’ to refer to these purposes.
	Subsection (2) also amends the UK GDPR by creating two new articles, 84B and 84C. These new articles set out the safeguards required when processing personal data for RAS purposes. This includes that the processing must not be likely to cause substantial damage or substantial distress to the data subject (Article 84C(2)). Safeguards must also include technical and organisational measures for the purpose of ensuring respect for the principle of data minimisation (Article 84C(4)). In addition, the processing must not be carried out for the purposes of measures or decisions with respect to a particular data subject to whom the personal data relates, unless it is for approved medical research (Article 84C(4)). Section 86(2) also replicates the definition of "approved medical research'' from section 19 of the DPA 2018. The Secretary of State may, by regulations, make further provisions about when the requirement for appropriate safeguards under Article 84B(2) is, or is not, satisfied (Article 84D). This power can only be used to add a paragraph to Article 84C and to vary or omit any paragraphs added by regulations. Regulations under this Article may not amend or revoke Article 84C(2)-(4) but may change the meaning of "approved medical research" for the purposes of Article 84C. Regulations under this Article are subject to the affirmative resolution procedure.