Special categories of data under the GDPR

Introduction

In the digital age, the collection and processing of personal data are ubiquitous. However, some types of data, known as special categories of data or sensitive data, are particularly sensitive and require special treatment.

The General Data Protection Regulation (GDPR) of the European Union (EU) sets strict rules for the processing of special categories of data. These rules aim to protect the fundamental rights of individuals, such as privacy and non-discrimination.

This article provides a comprehensive analysis of sensitive data under the GDPR. The article begins by defining sensitive data and discussing their importance. Then, the article explores the key GDPR rules for the processing of sensitive data. Finally, the article provides illustrative examples of how organizations can comply with these rules.

Definition and importance of special categories of data

The GDPR defines special categories of data as personal data that reveal:

• Ethnic or racial origin
• Political opinions
• Religious or philosophical beliefs
• Trade union membership
• Genetic data
• Biometric data for unique identification
• Health data
• Data relating to sex life or sexual orientation

These categories of data are sensitive because they can reveal private or intimate information about an individual. For example, health data can reveal information about a person’s medical condition, while sexual orientation data can reveal information about a person’s private life.

The processing of sensitive data requires a high level of protection. The GDPR sets strict rules to ensure that the processing of these categories of data is lawful, fair, and transparent.

GDPR rules for the processing of special categories of data

The GDPR sets the following rules for the processing of special categories of data:

• Consent: Processing of sensitive data is only lawful if the individual has given their explicit consent.
• Exceptions: Processing of sensitive data without consent may be lawful in certain cases, such as when it is necessary to comply with a legal obligation or to protect the vital interests of the individual.
• Security measures: Organizations that process special categories of data must implement strong security measures to protect the privacy of individuals.

Illustrative examples

Here are some illustrative examples of how organizations can comply with the GDPR rules for the processing of sensitive data:

• A company that collects data on the sexual orientation of its employees for human resources purposes must obtain the explicit consent of the employees.
• A hospital that collects genetic data from its patients for diagnostic purposes must implement strong security measures to protect the privacy of the data.
• An organization that uses biometric data for unique identification must assess the actual need for this processing and ensure that it is proportionate.

Conclusion

Special categories of data are a delicate area that requires a proactive approach from organizations. By understanding the GDPR rules and adopting appropriate compliance measures, organizations can protect the privacy of individuals and meet their legal obligations.