Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument. That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take. One of the most important steps in any legal research project is to verify that you are applying a „good” law, that is, that a court has not declared it invalid or struck down in any way. After all, it probably won`t be good for a judge if you cite a case that has been overturned or if you use a law that has been found unconstitutional. This does not necessarily mean that you can never cite these sources; You just need to take a closer look before you do. For example, although no two legal research projects are the same, the order in which you want to research different types of sources may look like this: It supports adequate and independent national scientific and technological capacities and their application to production systems and the national life of the country. The European Data Protection Board provides two relevant legal bases for the use of sensitive personal data for research purposes: public interest (Article 6(1)(e)) and legitimate interest (Article 6(1)(f)). Where the person conducting the investigation does not have a legal mandate to do so, the legitimate interest should be taken into account. A legitimate interest may not be invoked by authorities generally invoking Article 6(1)(e).
Article 6(1)(f) may be invoked where the `fundamental rights and freedoms of the data subject` do not override the legitimate interests of the controller (or a third party). To this end, interest rates must be weighed against each other. Understanding your legal basis for processing personal data is the best starting point for proper data processing. In the EU, marketing authorisation holders are required to carry out pharmacovigilance activities at national level under both EU law (Regulation 726/2004, Directive 2001/83/EC laying down Implementing Regulation (EU) No 520/2012) and Member State legislation. Accordingly, pharmacovigilance activities carried out in accordance with that requirement may be based on point (i) of Article 9(2) and point (c) of Article 6(1) (`compliance with a legal obligation to which the controller is subject`). In the context of health research, testing scales are tilted in favour of the controller when the interest benefits the wider community (for example, the development of a new drug or a better understanding of a pathology) rather than simply being the commercial interest of the controller. Before you start researching laws and court opinions, you must first define the scope of your legal research project. There are several key questions you can use to do this. When it comes to online search, some people start with free legal search options, including search engines like Google or Bing.
However, if you want to make sure your legal research is complete, consider using an online search service designed specifically for the law, such as Westlaw. Online solutions like Westlaw not only have all the legal sources you need, but they also include artificial intelligence (AI) and other tools to help you do your legal research quickly. Knowing where to start a difficult legal research project can be difficult. But if you already understand the basics of legal research, the process can be considerably simpler, if not faster. This basis applies where the processing of personal data is necessary for the performance of a task or function carried out in the public interest or in the exercise of official authority vested in the controller (e.g. public authority). Always gather the most important facts so you know „who, what, why, when, where and how” of your case. And take the time to write everything down, especially since you`ll probably need to include a statement of facts in any filing or briefing anyway. Even if you don`t think a fact might be relevant now, write it down because it may turn out to be relevant later. These facts will also be helpful in identifying your legal problem. If your study does not use consent as a means of fair treatment, your data must be appropriately anonymized or you must obtain approval from a branch of government such as the Privacy Advisory Group (CAG), which allows requests for the use of personal data without consent in certain circumstances and is part of the Health Research Authority. The legal basis used by research organisations under the 1998 data protection legislation is most likely to support „legitimate interests”.
Under the GDPR, commercial enterprises and non-profit research entities will continue to use „legitimate interests” as their legal basis. There must be a specific legal basis for each process. A company cannot choose what is practical. There is only one option per processing activity In most cases, the purpose of legal research is to find support for a specific legal issue or decision. For example, lawyers must conduct legal research when they need judicial advice (i.e., case law) to support a legal argument they submit to the court in a motion or factum. Now that you`ve gathered the facts and know your legal problem, the next step is to know what to look for. After all, you need legislation to support your legal argument, whether you`re giving advice to a client or writing an internal memo, brief, or other legal document. For example, when you enter into contracts for the delivery of goods/services to customers, you will usually be required to provide certain personal information such as your name, address, bank details, etc. So if it`s primary law that you want, it makes sense to look over there first, right? Not so fast. While you need primary sources of law to support your case, in many cases it is much easier – and a more efficient use of your time – to start your research in secondary sources such as how-to guides, articles, and legal articles.
When consent is obtained from research participants, they are usually told how their information will be used. In recent guidance on the interaction between the GDPR and clinical investigation rules, the European Commission[5] and the European Data Protection Board[6] have identified two types of processing relevant for clinical investigations: research activities and activities related to quality and safety monitoring. Section 2. General mandate. „The University. Provide research and consulting services and provide advanced leadership in their areas of expertise. Section 10 Science and technology are crucial to national development and progress. The State shall give priority to research and development, invention, innovation and their application; and education, training and scientific and technological services.
If you use consent as a legal basis for your processing and a participant withdraws consent, you have no legal basis to process personal data about them. Read the ICO consent guide to understand the implications. However, public authorities (as defined in the Freedom of Information Act) can no longer invoke „legitimate interests” when performing public tasks – such as research in NHS organisations, universities and Research Council institutes. Instead, they will use the „task in the public interest” as a legal basis. The authorities should justify this situation by referring to their public research objective, as defined by law or university statutes. What for? Because secondary sources give you a complete overview of legal issues, so you don`t have to start your research from scratch. After secondary sources, you can move on to primary law sources. Regardless of the legal research project, you need to identify the relevant legal problem, as well as the desired outcome or facilitation. This information guides your research so you can stay focused and focused on the topic. The GDPR requires all controllers and processors to have a valid legal basis for processing personal data. As data collection approaches, researchers need to inform participants about the legal basis of the GDPR.
Note – this legal basis only applies to these bodies when they perform tasks within their legal competence. You have clearly agreed to process your personal data for a specific purpose. An organisation may ask for your consent to process your personal data. They must provide you with all the information you need about that specific processing activity. The information must not be ambiguous and it must be clear to you what specific use of your personal data you are consenting to. Of course, you must be able to give your consent freely. The organization must not force or induce you to give your consent. You can revoke your consent at any time.
For children, consent must sometimes be given by their parents or guardians. The processing of personal data is necessary for a contract you have with an organization. For example, if your personal data needs to be processed when you work for an organization. In this case, you have a contract with this organization. A contract does not need to be as formal as an employment contract. This legal basis can also be used if you have a prescription for a magazine, an online service, an internet subscription for your mobile phone, etc. So if you`re just starting out, don`t be discouraged if you find legal research difficult – almost everyone does it at first. With enough time, patience and dedication, you will master the art of legal research. That legal basis should only be used when no other reason is available, such as a medical emergency.
Don`t cast your net too far when it comes to legal research, i.e. you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is the law of the state, which state? You may find a case in California state court that goes straight to the point, but it won`t be much help if your legal project involves New York law.