special categories of personal data

Sensitive data, or, as the GDPR calls it, ' special categories of personal data' is a category of personal data that is especially protected and in general, cannot be processed. Other special category data includes information about an individual's: race; There is also a special category of personal data- sensitive personal data that require additional protection granted by the GDPR, since processing those types of data can . Biometric data (where processed to uniquely identify someone). Click To View language English (EN) Français; Español . The Data Protection Code lists some processing operations of special categories of personal data that must be considered as necessary for reasons of substantial public interest, e.g. . Special category data is personal data that needs more protection because it is sensitive. What is special category data? Biometric data used for identification purposes. The GDPR's special category data (under Article 9) includes information revealing ones' racial or ethnic origin, political opinions, religious or philosophical . Special categories of data (including medical or disability . The law is so sweeping that it includes 11 categories of personal information. 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 … When special category data is processed it must be identified under Article 6. These do not have to be linked. The GDPR distinctly specifies which data is considered sensitive and fall under the special category of data: Data related to racial or ethnic origin, Political opinions, Religious or philosophical beliefs, Trade union membership, Genetic data, Biometric data for the purpose of uniquely identifying a natural person, Health data Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a . Sensitive personal data is known as "special categories of personal data" and it is data that is seen as being particularly sensitive and that needs to be processed by organisations with extra care and attention. language English . Chances are that you process the personal data of your employees in these departments in a similar way, i.e. 4. relate solely to the members or to former . Information about and from your referees. Trade union membership. In data protection and privacy law, including the General Data Protection Regulation (GDPR), it is defined beyond the popular usage in which the term personal data can de facto apply to several types of data which make it able to single out or identify a natural person. Those categories are: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, Personal data that relates to criminal offences and convictions aren't included, but there are separate processing safeguards in place. Section 7.4 of the Act states that 'data regarding criminal or contraventional records can only be processed by the competent public authorities, within the framework of the respective laws and regulations.' However, this categorical prohibition has been softened by some resolutions issued by the AAIP. On November 14, 2019, the UK Information Commissioner's Office ("ICO") published detailed guidance on the processing of special category data. The current system. These categories are: Racial or ethnic origin; Political opinions; Religious or philosophical beliefs; Trade union membership; Genetic data; and. Personal data is any form of data which can be used to identify an individual, natural person. information revealing an individual's racial or ethnic origin, political opinions, religious or . Some privacy statutes explicitly reference "sensitive" or "special" categories of personal information. Art. Political opinions. Information from your application form and recruitment process, such as qualifications and employment history. However, under certain derogations a company or organisation may be allowed to process sensitive personal data, when for example: Processing Sensitive Personal Data using similar types of personal data for similar purposes. and information. 1) Pursuant to the European Union General Data Protection Regulation (EU GDPR), the Georgia Institute of Technology ("Georgia Tech"), in its capacity as a data controller under the EU GDPR, must obtain your explicit, affirmative consent before it can collect or process any special categories of sensitive personal data for a lawful basis . Political opinions. For example, in order to pay a salary or benefits, you will need to process personal information of your employees regarding their account details and other personal info. The CCPA aims to prevent the sale or sharing of California residents' ("consumers") personal information without their permission—but it protects more than the conventional types of "personal data" such as name, telephone number, and social security number. Under the current Data Protection Directive, personal data is information pertaining to. File Type: PDF. While being one of the more well-known legal bases for processing personal data, consent is only one of six bases mentioned in the General Data Protection Regulation (GDPR). Data related to a person's sex life or sexual orientation; and Biometric data (where processed to uniquely identify someone). 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. 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 … Formerly known as "sensitive personal data", the following categories of data (many of which are commonly used in the HR context) are called out for specific protection in the GDPR and under the DPA 2018 because of their perceived sensitivity:. Special categories of personal data. These are considered to be more sensitive and you may only process them in more limited circumstances. This data requires extra protection and/or heightened security measures. we have a list of different types of identifiers: "a name, an identification number, location data, an online identifier." A special mention should be made for . In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9. data concerning a person's sexual orientation. Special categories of personal data overview These are personal data deemed to be more sensitive by law, and so need additional protection. relate solely to the members or to former . 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 . Where the processing of special category personal data is carried out in the course of its legitimate activities by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim. Your organisation likely consists of various departments, such as accounting, sales or HR. WHAT ARE "SPECIAL CATEGORIES" OF PERSONAL DATA? While such terms, when used, often include similar data types that are generally considered as raising greater privacy risks to data subjects if disclosed, the exact categories that fall under those rubrics differ between and among statutes. Trade union membership. 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 … In post 2, we look at the role players, categories of data subjects and operators. These are known as "special category data". Personal data may also include special categories of personal data or criminal conviction and offences data. This blog has been updated to reflect industry updates. Special category data includes a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade. h. Medical purposes and the provision of health or social care. the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; the possible consequences of the intended further processing for data subjects; is prohibited unless there is a specific legal ground to process such data. The guidance sets out (i) what are the special categories of data, (ii) the rules that apply to the processing of special category data under the General Data Protection Regulation ("GDPR") and UK Data Protection Act 2018 ("DPA); (iii) the . March 1, 2017. Some privacy statutes explicitly reference "sensitive" or "special" categories of personal information. However, a data controller could use Office 365 to process the enumerated special categories of data. Special categories of personal data include sensitive personal data, such as biometric and genetic information that can be processed to identify a person. A name isn't guaranteed to be unique but a name in combination with one other piece of data is typically unique. The law is so sweeping that it includes 11 categories of personal information. [1] The POPI Act applies to any organization or body that gathers, records, shares or uses the personal data of . The special categories specifically include: genetic data relating to the inherited or acquired genetic characteristics which give unique information about a person's physiology or the health of that natural person; Religious or philosophical beliefs. This includes data indicating identity, character, thoughts, interests, behavior, affiliations, finances, health and social interactions. I was looking around a few months ago for a good list of categories of personal information but couldn't come up with anything I found that was comprehensive enough. In the second paragraph of Article 9 of the GDPR, which covers the essential rules regarding the special categories of personal data, the GDPR text says that the general prohibition of processing such 'sensitive' personal data categories, does not apply in several cases. The processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject… Special Categories of Data GDPR Summary - 13 Dec 2018 0 Means personal data that is more sensitive and therefore require more protection then "regular" personal data. Click To . Tracking Id. Information collected from individuals relating to COVID-19 is likely to be considered "personal data" and/or "special categories of personal data". Data concerning health. 2. Genetic data and biometric data processed for the purpose of uniquely identifying a natural person. Everyone seems siloed in their little world (financial information, health information . This infographic from Enterprivacy Consulting Group offers an overview of types of data relating to an individual's public or private life. The data processing must: have appropriate safeguards in place. This data must be limited to only the people entitled to see or use it and extra provision must be taken to ensure this happens. The CCPA aims to prevent the sale or sharing of California residents' ("consumers") personal information without their permission—but it protects more than the conventional types of "personal data" such as name, telephone number, and social security number. However specific definitions are provided for genetic data, biometric data and health data. In this guidance we refer to this as 'special category 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.) Biometric data (that can be used to uniquely identify someone). Sensitive Personal Data. The data processing must: have appropriate safeguards in place. These do not have to be linked.You need to complete a data protection impact . Political opinions. This legal basis will be used in situations . Personal data is any data that relates to a person. philosophical or religious beliefs; Trade union memberships. 7.9. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. Explicit consent and the processing of special categories of data. Enterprivacy Consulting Group. What are "special categories" of personal data? 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 … Genetic data. As regards Article 22, we note that any automated decisions based on special categories of personal data shall be processed on the basis of Article 9(2)(g) being processing that is necessary for . Consent for the Collection and Processing of Special Categories of Sensitive Personal Data from the European Union [Form] Attachment Size; Form: 104.04 KB: Attached is a form in PDF format: Consent for the Collection and Processing of Special Categories of Sensitive Personal Data from the European Union. The different types of data that can be categorised as special is stated in Article 9 (1) GDPR that says: Serial Number of Personal Device. According to the new regulations set down by GDPR, special category data is sensitive personal data that was originally stipulated under the 1998 Act. This data requires a higher degree of protection due to the nature of the information and because the processing of the information could create "significant risks to the fundamental rights and freedoms" of the data subject. Office 365 is not designed to process special categories of personal data. "'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors … processing necessary to keep public records and certain operations carried out in the employment context. Special category data is personal data that needs more protection because it is sensitive.In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9. Personal data processed in a non-automated manner which forms part of, or is intended to form part of, a 'filing system' (or, written records in a manual filing system). Genetic data. Sensitive personal data is a set of 'special category data'. Article 9 of the UK GDPR gives special protection for certain types of personal data which are considered to be particularly sensitive. In its most basic definition, sensitive data is a specific set of "special categories" that must be treated with extra security. Personal Data (name, contact details, bank account details, national insurance number, evidence of your right to work, etc.). Article 9 (1) of the GDPR prohibits the processing of special categories of personal data unless a condition in Article 9 (2) is met, such as for reasons of substantial public interest (see Part 2 . stored on a computer is personal and needs to be kept confidential. Genetic data. GDPR Article 10 will give you more information on this. Types of personal data. Some data. Trade union membership. 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