The German Conference of Independent Supervisory Authorities (“DSK”) published on March 23, 2022 a statement on scientific research and data protection (see here, in German).  The DSK published the statement in response to the German Government’s initiative on a general law on research data as part of its Open Data Strategy, announced on July 6, 2021.  The DSK also refers to the Government’s intention to introduce a law on the use of health data, including the storage of data in electronic health records.

According to the DSK, the GDPR aims to strike a balance between, on the one hand, freedom of research and, on the other hand, the right to data protection.  In particular in relation to the purpose limitation principle, the DSK recognizes that the GDPR reflects a political choice of the EU to foster scientific advancements and strengthen the Union’s economic and technological foundations, to create a European science area.

The DSK emphasizes the importance of the GDPR’s principle of data minimization in scientific research.  It provides that entities performing scientific research should rely as much as possible on de-identification methods such as anonymization, pseudonymization, and data custodianship.

Finally, the DSK announced that it will be providing “constructive advice” on national and EU legislative developments that aim to create an open health data space, including by publishing statements or papers in the “near future”.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on data protection, data security and cybercrime matters in various sectors, and in particular in the pharmaceutical and information technology sector. Kristof has been specializing in this area for over fifteen years and covers the entire spectrum of…

Kristof Van Quathem advises clients on data protection, data security and cybercrime matters in various sectors, and in particular in the pharmaceutical and information technology sector. Kristof has been specializing in this area for over fifteen years and covers the entire spectrum of advising clients on government affairs strategies concerning the lawmaking, to compliance advice on the adopted laws regulations and guidelines, and the representation of clients in non-contentious and contentious matters before data protection authorities.

Photo of Lars Lensdorf Lars Lensdorf

Lars Lensdorf is a partner in the Frankfurt office. He focuses on IT law, outsourcing, digitalization/ industry 4.0, IT related bank regulatory matters and data protection. Dr. Lensdorf’s practice covers all types of IT and outsourcing agreements, all matters of digitalization and industry…

Lars Lensdorf is a partner in the Frankfurt office. He focuses on IT law, outsourcing, digitalization/ industry 4.0, IT related bank regulatory matters and data protection. Dr. Lensdorf’s practice covers all types of IT and outsourcing agreements, all matters of digitalization and industry 4.0, including online procurement platforms, IT-compliance matters (including cybersecurity) as well as data protection.

Furthermore, he is also focused on interfaces to other practice areas to the extent that IT related matters are affected, e. g. regulatory requirements for banking and financial services as well as public procurement law. A significant part of Dr. Lensdorf’s practice is currently advice in connection with the implementation of the GDPR (data protection) in Europe.

Photo of Anna Oberschelp de Meneses Anna Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate…

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate international data protection law projects.  She has obtained a certificate for “corporate data protection officer” by the German Association for Data Protection and Data Security (“Gesellschaft für Datenschutz und Datensicherheit e.V.”). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP).  Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area.  Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.