Processing personal data without the consent of the data subject for non-commercial scientific research purposes

Abstract

The Government’s Decree No. 13/2023/NĐ-CP dated 17 April 2023 on personal data protection permits the processing of personal data without the consent of the data subject in certain specific cases, which does not include non-commercial scientific research purposes. This article analyses legal grounds to propose that non-commercial scientific research should be recognised as an independent basis for processing personal data without the consent of the data subject. Concurently, the article presents “reasonable limits” and proposes some recommendations to improve the law to ensure that data processing does not infringe upon the individual’s right to privacy, thereby creating a balance between the rights of the data subject and societal interests.