Article 9 (GDPR - Special Categories)
Definition
The GDPR provision that creates heightened protection for sensitive personal data, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data for identification, health data, and data about sex life or sexual orientation. Article 9 generally prohibits processing these special categories unless one of ten specific exceptions applies, such as explicit consent, employment law requirements, vital interests, legitimate activities by certain organizations, data made public by the individual, legal claims, substantial public interest, healthcare, public health, or archiving purposes. The bar for processing special category data is high—even with an exception, you must have a lawful basis under Article 6 and implement appropriate safeguards. This dual-layer protection recognizes that misuse of sensitive data poses greater risks of discrimination and harm.
Applicable Laws & Regulations
- 1GDPR Article 9(1) - General prohibition on processing special categories
- 2GDPR Article 9(2)(a-j) - Ten exceptions to the prohibition
- 3GDPR Recital 51-56 - Context for special categories protection