Secondary Use

In accordance with the FAIR-principles, the reuse of existing data is being stimulated by research institutions and funders. When you reuse personal data it is important to respect the rights and freedoms of the data subjects, and to comply with the GDPR.

The use of previously collected data may raise issues concerning the transparency of the processing, and the rights and expectations of the data subjects. For that reason, it is essential to assess whether consent is required and/or which information should be provided to the data subjects. Specific exceptions for research purposes may apply.

When reusing personal data, it is important to take into account under which conditions the original data were collected:

• The data were collected on the basis of consent. In this case, the data can be re-used only for the purpose(s) covered by the consent. Further processing not covered would require obtaining new consent or a new legal basis.

• The data were collected on the basis of another legal ground, such as legitimate interest or a contract. In that case, the data may be re-used only after checking that the new purpose is compatible with the original purpose (compatibility test).

What is a compatibility test

If you want to reuse data that was collected in a different context based on a different legal ground than informed consent, the European Commission indicates some elements that should be considered to assess the compatibility between two purposes:

• the link between the original purpose and the new/upcoming purpose
• the context in which the data was collected
• the type and nature of the data
• the possible consequences of the intended further processing
• the existence of appropriate safeguards (such as encryption or pseudonymisation)

Examples of existing data are:

• Social media data
• Research data collected in other projects or by other organizations
• CBS data
  • Microdata
  • Open data