EFAMRO and ESOMAR have submitted a response to the European Data Protection Board’s Consultation on Guidelines 01/2024 on processing of personal data based on Article 6(1) GDPR

The Consultation Response address:

  • Summary in Bullet Points:

    • Processing for Fraud Prevention:

      • The EDPB guidelines clarify that fraud prevention can be a legitimate interest under Article 6(1)(f) GDPR, but the processing must pass the necessity and balancing tests to be lawful.

      • Legitimate interest cannot automatically justify any fraud prevention data processing.

    • Importance of Legitimate Interest in Research:

      • Fraud prevention is crucial in the research sector for ensuring data authenticity and quality control.

      • The guidelines emphasise balancing individual rights with the public interest in trustworthy data practices, adhering to data minimisation and storage limitation principles.

    • Practical Aspects for High-Quality Data:

      • Large-scale data quality processing is necessary to ensure high-quality research data, making fraud prevention a critical part of producing valuable insights.

      • Legitimate interest for fraud prevention, if properly safeguarded, helps ensure the integrity and confidentiality of research data.

    • Proportionality and Safeguards:

      • The guidelines emphasise proportionality and the need for safeguards to protect individuals’ rights while preventing fraud.

      • Principles of transparency, data minimisation, and regular review will be important for the research sector in aligning with GDPR.

    • Further Processing Provisions:

      • Further processing of pseudonymised or aggregated data for non-intrusive insights (e.g., business decisions, public policy, product improvements) is permitted under legitimate interest, provided transparency and data subject rights are maintained.

      • The guidelines provide a framework for secondary use of data without negatively impacting individual privacy.

    • Flexibility in Market and Social Research:

      • The guidelines clarify when and how data can be further processed for compatible secondary purposes, enabling insights to be repurposed for additional analyses and research validation.

    • Support for the Guidelines:

      • EFAMRO appreciate the clarity of the guidelines, which balance data protection with empowering organisations to make responsible decisions while respecting privacy.

      • EFAMRO supports the guidelines and look forward to further engagement with the EDPB on data processing under Article 6(1)(f) GDPR.

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