According to article 22 (2) (a) of the UAVG, article 9 (2) (a) of the GDPR is leading: the data subject has given explicit consent to the processing of those personal data for one or more specified purposes. But if there is no explicit consent for the reuse of Non-WMO medical research data then, according to article 24 of the UAVG and article 9 (2) (j) of the GDPR, the following criteria must be met:
- the processing is necessary for the purposes of scientific or historical research or statistical purposes in accordance with Article 89 (1) of the GDPR and
- the research must serve a public interest (in the field of health research) and
- requesting explicit informed consent proves impossible or requires a disproportionate effort and
- during implementation, safeguards are provided that the privacy of the person concerned is not disproportionately damaged.
It is imperative that you include your appeal to these criteria in your research application