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Special Category Data

Conditions for Processing Special Category Personal Data – GDPR Article 9 (2) a.-j.

Occasions where Article 6 needs to be complemented by Article 9

If you are processing one or more of the ‘special category’ personal data listed below, in addition to your Article 6 legal basis, you also need to consider Article 9. This will be relevant for anyone processing health related data.

Special Category data are: 

  1. Personal data revealing racial or ethnic origin.
  2. Political opinions.
  3. Religious or philosophical beliefs.
  4. Trade union membership.
  5. Genetic data and biometric data processed for the purpose of uniquely identifying a natural person.
  6. Data concerning health.
  7. Data concerning a natural person’s sex life or sexual orientation.

Processing of these special categories is prohibited, except in limited circumstances set out in Article 9 of the GDPR, which are listed below:

Article 9 Conditions:

  1. Explicit consent
  2. Employment, social security and social protection (if authorised by law)
  3. Vital interests
  4. Not-for-profit bodies
  5. Made public by the data subject
  6. Legal claims or judicial acts
  7. Reasons of substantial public interest (with a basis in law)
  8. Health or social care (with a basis in law)
  9. Public health (with a basis in law)
  10. Archiving, research and statistics (with a basis in law)

If none of the Article 9 Conditions apply to the processing you intent to do, you will not be able to do this processing.