Sensitive Personal Data (GDPR)

Definition

Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for unique identification, health data, or data concerning sex life or sexual orientation, as defined in GDPR Article 9. These 'special categories' receive heightened protection due to discrimination risks and inherent sensitivity. Processing is generally prohibited unless specific conditions are met: explicit consent, employment/social security law compliance, vital interests protection (if consent impossible), legitimate activities of foundations/associations, data manifestly made public by the data subject, legal claims establishment, substantial public interest, health/social care purposes, public health protection, or archiving/research purposes. Even when exceptions apply, organizations must implement additional safeguards including enhanced security, strict access controls, Data Protection Impact Assessments, and careful consideration of necessity and proportionality. Organizations should minimize sensitive data collection, ensure robust legal grounds, maintain detailed documentation, and implement technical measures preventing unauthorized access or accidental disclosure.

Applicable Laws & Regulations

  1. 1GDPR Article 9
  2. 2GDPR Article 35

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