Why does not GDPR apply in the case of NSO?
The General Data Protection Regulation (GDPR) does apply to surveys conducted by National Statistical Offices but with certain exceptions and specific provisions.
National Statistical Offices collect, process, and analyse personal data, so they are subject to the GDPR.
This includes:
- Use data minimisation,
- Apply pseudonymisation or anonymisation when possible,
- Limit access to data,
- Ensure secure processing.
Under Article 89 of the GDPR, when data is processed for statistical purposes, some rights of individuals (data subjects) can be limited to ensure the quality and integrity of statistics.
Key Provisions
- Article 89(1): Allows processing of personal data for statistical purposes with appropriate safeguards.
- Article 89(2): Member States may provide for derogations (exemptions) from certain rights, like access, rectification, or objection, if these rights seriously impair the statistical purpose.
Why this matters
- Statistics often rely on large datasets, possibly with identifiable information, but the output is aggregated and anonymised.
- Allowing people to delete or modify their data could distort results and make the data non-representative.
Data subjects might not be able to exercise full rights like deletion or objection if it would affect the statistical integrity.
