Research, history and statistics

35.(1) The processing of personal data only for research purposes in compliance with the relevant conditions is not to be regarded as incompatible with the purposes for which it was obtained.

(2) Personal data which is processed only for research purposes in compliance with the relevant conditions may be kept indefinitely.

(3) Personal data which is processed only for research purposes is exempt from section 10 where

(a) the personal data is processed in compliance with the relevant conditions; and

(b) the results of the research or any resulting statistics are not made available in a form which identifies data subjects.

(4) For the purposes of subsections (1) to (3), personal data is not to be treated as processed otherwise than for research purposes merely because the data is disclosed

(a) to any person, for research purposes only;

(b) to the data subject or a person acting on his behalf;

(c) at the request, or with the consent, of the data subject or a person acting on his behalf; or

(d) in circumstances in which the person making the disclosure has reasonable grounds for believing that the disclosure falls within paragraph (a), (b) or (c).

(5) In this section

“research purposes” includes statistical or historical purposes;

“the relevant conditions”, in relation to processing of personal data, means the conditions that the data

(a) is not processed to support measures or decisions with respect to particular individuals; and

(b) is not processed in such a way that substantial damage or substantial distress is, or is likely to be, caused to any data subject.