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These are listed under Article 9 of the GDPR as “special categories” of personal data. Any processing of such personal data, can only be carried out in accordance with Article 10, i.e. They are summarized by the Information Commissioner's Office (the UK's Data Protection Authority): Generally speaking, you shouldn't ask for consent if: You're carrying out a core service (use contract instead). Its special handling is outlined in Article 9. Getting consent; What is personal data? Personal data belonging to special categories can be processed if an exception to the prohibition has been provided for in the EU's General Data Protection Regulation (GDPR) or specifically in Union law or national legislation. Data protection by design and default. Their processing might also lead to physical, material or non-material damage, including identity theft, fraud, harm to one’s reputation or breach of professional secrecy (recital 75). Personal data relating to criminal convictions and offences is not classed as "special category data" but is separately defined in Article 10 of the Applied GDPR. is prohibited unless there is a specific legal ground to process such data. There are two main types of data under the GDPR: personal data and special category personal data. What is personal data? Special Category Personal Data and the Data Protection Act 2018. Special category data is often referred to as “sensitive data”. In accordance with this principle, a data controller must take all necessary technical and organisational steps to implement the data protection principles and protect the rights of individuals. Special categories of Personal Data in GDPR. You're required to process personal data by law (legal obligation). Article 9 - Processing of special categories of personal data - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. Menu. Special category data. Processing on a large scale of special categories of personal data-data revealing racial or ethnic origin, political opinion, and the like—or of data relating to criminal convictions and offenses; Systematic monitoring of a publicly accessible area on a large scale. Processing of special categories of personal data 1. GDPR personal data is a broad category. With regard to special data, the changes appear, at first glance, to be minor. Data protection by design means that your company should take data protection into account at the early stages of planning a new way of processing personal data. Information about an employee's health will be ‘special category data’. biometric data for the purpose of uniquely identifying a natural person; data concerning health; data concerning a natural person’s sex life or sexual orientation. "There are strict rules about collecting special category data from people in the EU. 11 GDPR – Processing which does not require identification; Chapter 3 (Art. Personal data covers a much broader definition than the previous legislation demanded. We will go over what “personal data” is according to the GDPR. Examples of personal data include a person’s name, phone number, bank details and medical history. This is an area in which the Data Protection Act 2018 differs from the GDPR. 'Personal data’ means any information relating to an identified or identifiable natural person. It calls this sensitive personal data "special category data. 11 Special categories of personal data etc: supplementary U.K. (1) For the purposes of Article 9(2)(h) of the GDPR (processing for health or social care purposes etc), the circumstances in which the processing of personal data is carried out subject to the conditions and safeguards referred to in Article 9(3) of the GDPR (obligation of secrecy) include circumstances in which it is carried out— The special categories are: Personal data revealing racial or ethnic origin. The “special categories of personal data” are treated distinctively mainly to protect individuals from discrimination (recital 71). The GDPR protects personal data related to health to a higher standard, since it is one of the special categories of data. Under the Data Protection Directive, the processing of special categories of personal data (data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, etc.) Personal data. Processing shall only be permitted) if: A term describing a sub-category of personal data that requires heightened data protection measures due to its sensitive and personal nature. The processing of "special categories" of personal data (previously known as sensitive data) is prohibited unless a ground for processing is met. Categories of (sensitive) Personal Data under the GDPR The entire General Data Protection Regulation (GDPR) revolves around the protection of personal data, how personal data can be used and so forth. The GDPR places special restrictions on the processing of certain special categories of sensitive personal data. And did you know that the GDPR includes a sub-category of sensitive personal data that comes with its own requirements? For Professionals; For Companies; For DPAs; Contact Us; Login; Article 9: Processing of special categories of personal data. This special data includes race, ethnic origin, health data, genetic data, certain biometric data, information about sex life or sexual orientation, political opinions, religious beliefs, philosophical beliefs, and trade union membership. The GDPR refers to sensitive personal data as “special categories of personal data” (see Article 9 of the GDPR). 10 GDPR – Processing of personal data relating to criminal convictions and offences; Art. under the control of official authority or when authorised by Manx law or Union law applied to Island. This data requires extra protection and/or heightened security measures. The EU General Data Protection Regulation (GDPR) deems certain types of personal data particularly sensitive. Sensitive data can be defined as personal data that reveal any racial or ethnic origin, financial status, political opinion, philosophical belief, religion, trade-union membership, sexual orientation, or concerns health and sex life, genetic data, or biometric data. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it … As well as the above lawful bases for processing, special category data can only be processed where at least one further condition for processing special category data is fulfilled. Under the GDPR, personal data is data that relates to or can identify a living person, either by itself or together with other available information. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. Special category data. Means personal data that is more sensitive and therefore require more protection then “regular” personal data. Under the GDPR, stricter rules apply to the processing of special category data, which includes genetic and biometric data as well as information about a person’s health, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade union membership. This is personal data which the GDPR states is more sensitive, therefore it needs more protection. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. GDPR defines special categories of personal data (sensitive data) that should be protected with additional means, and should not be collected without explicit consent, good reason or a few other exceptions. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. In some jurisdictions, this type of personal data may be described as sensitive personal data. The GDPR is only one of the six lawful bases for processing personal data provided by the GDPR. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. If you're planning a project involving special category data, you must plan carefully. Sections 10 and 11 of the Data Protection Act 2018 specify certain additional conditions, those being that the exemptions in points (b), (g), (h), (i) and (j) above shall only apply (i.e. If this information is new to you, don’t panic – this blog post explains everything you need to know in a simple and easy-to-understand way. This is personal data that the GDPR says is more sensitive, and so needs additional protection. Special category is personal data which is deemed more ‘sensitive”. Types of data. What is sensitive personal data? Art. Search the GDPR Regulation General Provisions. Controllers or data owners typically must satisfy certain requirements before processing special categories of data, such as obtaining data subject consent. They will come into affect on May 25th 2018. Certain types of sensitive personal data are subject to additional protection under the GDPR. Political opinions. 9 GDPR – Processing of special categories of personal data; Art. 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