Comité Europeo de Protección de Datos has published new guidelines to regulate the use of personal data in scientific research, a framework that arrives after six years of debate and that sets criteria on the reuse of health information, clinical trials, and artificial intelligence.
A common framework for future research
The document introduces the figure of the broad consent, a formula that will allow patients to authorize the use of their data in future research linked to a specific pathology. That use will not be automatic, as it must be subject to the supervision of an ethics committee or another independent body.
The guidelines also state that, in general, compatibility can be presumed between the reuse of personal data for scientific research purposes and the initial purpose for which they were collected. That possibility, however, remains subject to an individualized evaluation in each case.
Data for artificial intelligence and health research
Another of the relevant points affects the training of artificial intelligence models. The new interpretation allows the use of personal data without collecting individual consent when there is a sufficient legal basis, either for public interest, for a mission in the field of health or for legitimate interest.
Along those lines, the Spanish Data Protection Agency endorses the use of legitimate interest as a basis for processing data for research purposes, also in commercial environments, provided that the corresponding balancing of interests is carried out.
Reuse of clinical trial data
The guidelines also open the door to reusing data obtained in clinical trials to investigate other diseases. That use must remain within the scientific scope and preserve the safeguards required to protect personal information.
The text has special relevance because it acts as authorized interpretation of the RGPD in this area. Now it remains open for public consultation until June 25, 2026, a period in which observations may be submitted before its final approval.