37. Research, history and statistics

37.—

1. In this section— “research purposes” includes statistical or historical purposes; “the relevant conditions” are that the personal data—

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

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

2. For the purposes of the second data protection standard, the further processing of personal data only for research purposes in compliance with the relevant conditions shall not be regarded as incompatible with the purposes for which they were obtained.

3. Notwithstanding the fifth data protection standard, personal data which are processed only for research purposes may be kept indefinitely if the relevant conditions are met.

4. Personal data which are processed only for research purposes are exempt from section 6 if—

(a) the relevant conditions are met; and

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

5. For the purposes of subsections (2) to (4), personal data shall not be treated as processed otherwise than for research purposes merely because the personal data are disclosed—

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

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

(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).

6. A data controller shall not be taken to be in breach of the data protection standards if personal data is disclosed by that data controller for research purposes if—

(a) the research purposes cannot reasonably be accomplished unless the personal data are provided in a form which identifies the data subjects or any of them;

(b) the personal data are disclosed subject to the condition that—

(i) it not be used for the purpose of contacting a person to participate in research; and

(ii) the party to whom it is disclosed complies with the data protection standards; and (c) the relevant conditions are met.

7. A data controller may disclose personal data for archival or historical purposes if the relevant conditions are met and—

(a) the personal data relate to an individual who has been deceased for thirty years or such number of years as may be prescribed for the purposes of this section; or

(b) the personal data are in a record which has been in existence for thirty years or such number of years as may be prescribed for the purposes of this section.

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