Data protection by design and default. Special category data is often referred to as “sensitive data”. And did you know that the GDPR includes a sub-category of sensitive personal data that comes with its own requirements? The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Special categories of personal data. is prohibited unless there is a specific legal ground to process such data. The EU General Data Protection Regulation (GDPR) deems certain types of personal data particularly sensitive. GDPR personal data is a broad category. Special categories of Personal Data in GDPR. This is personal data which the GDPR states is more sensitive, therefore it needs more protection. Special category data. The “special categories of personal data” are treated distinctively mainly to protect individuals from discrimination (recital 71). Any processing of such personal data, can only be carried out in accordance with Article 10, i.e. 9 GDPR – Processing of special categories of personal data; Art. Processing of special categories of personal data 1. 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.) This is personal data that the GDPR says is more sensitive, and so needs additional protection. 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— 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). A term describing a sub-category of personal data that requires heightened data protection measures due to its sensitive and personal nature. 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. The GDPR places special restrictions on the processing of certain special categories of sensitive personal data. Search the GDPR Regulation General Provisions. Art. Means personal data that is more sensitive and therefore require more protection then “regular” personal data. 11 GDPR – Processing which does not require identification; Chapter 3 (Art. 12-23) Rights of the data subject Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 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. Information about an employee's health will be ‘special category data’. 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. With regard to special data, the changes appear, at first glance, to be minor. You're required to process personal data by law (legal obligation). This is an area in which the Data Protection Act 2018 differs from the GDPR. 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. The GDPR refers to sensitive personal data as “special categories of personal data” (see Article 9 of the GDPR). For Professionals; For Companies; For DPAs; Contact Us; Login; Article 9: Processing of special categories of personal data. 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. Examples of personal data include a person’s name, phone number, bank details and medical history. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. Certain types of sensitive personal data are subject to additional protection under the GDPR. 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. The processing of "special categories" of personal data (previously known as sensitive data) is prohibited unless a ground for processing is met. We will go over what “personal data” is according to the GDPR. Menu. Political opinions. 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. Its special handling is outlined in Article 9. The special categories are: Personal data revealing racial or ethnic origin. Article 9. What is sensitive personal data? 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. Special Category Personal Data and the Data Protection Act 2018. 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. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. Special category is personal data which is deemed more ‘sensitive”. 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. 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. What is personal data? 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). under the control of official authority or when authorised by Manx law or Union law applied to Island. In this blog, we look at the difference between those terms, and we begin by recapping the Regulation’s definition of personal data: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’). Controllers or data owners typically must satisfy certain requirements before processing special categories of data, such as obtaining data subject consent. Contents. This data requires extra protection and/or heightened security measures. 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. Getting consent; What is personal data? Personal data. Processing shall only be permitted) if: Personal data covers a much broader definition than the previous legislation demanded. There are two main types of data under the GDPR: personal data and special category personal data. It calls this sensitive personal data "special category data. 10 GDPR – Processing of personal data relating to criminal convictions and offences; Art. 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 is only one of the six lawful bases for processing personal data provided by the GDPR. 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. These are listed under Article 9 of the GDPR as “special categories” of personal data. Special category data. Special data under the GDPR vs sensitive data under the DPD. In some jurisdictions, this type of personal data may be described as sensitive personal data. They will come into affect on May 25th 2018. When special category data is processed it must be identified under Article 6. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it … 'Personal data’ means any information relating to an identified or identifiable natural person. 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. 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. Article 9 EU GDPR Processing of special categories of personal data. "There are strict rules about collecting special category data from people in the EU. The GDPR protects personal data related to health to a higher standard, since it is one of the special categories of data. Types of data. If you're planning a project involving special category data, you must plan carefully. 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. Regulation is a series of laws that were approved by the GDPR vs sensitive data under the DPD legal )... 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