This kind of processing is aimed at cross-border threats to health and ensuring high standards of safety of health care, medicinal products or medical devices. 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. As specified in Article 9 you can still process sensitive personal information if: Processing of sensitive personal data is possible if the data subject has given explicit consent to the processing of those data. GDPR personal data is a broad category. It is permissible to process sensitive personal data of a data subject if the data subject has already made the data public and accessible. 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, • data concerning health, • data concerning an individual’s sex life or sexual orientation. Personal data may also include special categories of personal data or criminal conviction and offences data. Message must have at least 0 and no more than 1024 characters. An individual can give explicit consent for one or more specified purposes, except where the European Union or Member State decides that the prohibition can not be lifted by the data subject. Personal data is information that relates to an identified or identifiable natural person. The following personal data is considered ‘sensitive’ and is subject to specific processing conditions: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; genetic data, biometric data processed solely to identify a human being; health-related data; Check Article 9 of the GDPR and identify which of the 10 possible exceptions for processing sensitive personal data applies to your case. The term is used broadly and can include less specific information, such as IP address. What constitutes a breach of personal data under the GDPR? Conducting a DPIA is an important aspect of the General Data Protection Regulation (GDPR) accountability obligations of an organization. You must only collect personal data if you need it, you must store it securely, and you must not share it carelessly. The processing of personal data will only be lawful if it satisfies at least one of the following conditions: The grounds for processing sensitive data under the GDPR broadly replicate those under the DPA, but have become slightly narrower. Processing should also be conducted with respect to the right to data protection and provide safeguard measures to the fundamental rights and the interests of the data subject; Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of: • the working capacity of the employee, • medical diagnosis, • the provision of health and social care • provision of health treatment • management of health • management of social care systems and services. Data processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity. The next step will be assessing if you need to complete a data protection impact assessment (DPIA) for any type of processing which is likely to be high risk. Prohibition to process sensitive data. The data can be non-personal, personal or sensitive. [Video & Infographics], Best Online Privacy Practices for Small Business, Discover how Master Data Management can help you comply with GDPR, First GDPR fine in Croatia issued to an unknown Bank. The processing conditions are: If you keep sensitive data for too long – even if it’s being held securely and not being misused – you may still be violating the Regulation’s requirements. At the same time, the Member States can also introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data, or data concerning health. But there’s another type of personal data, called ‘special category’ data (sometimes called ‘sensitive’ personal data), in relation to which extra care must be taken. It doesn't matter if it's something as obvious as a person's name, as seemingly innocuous as their IP address, or as sensitive as their medical records. Before you process sensitive personal data you must fully understand what lawful grounds you have for the processing. In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the GDPR and a separate condition for processing under Article 9. Definition under the GDPR: any information relating to an identified or identifiable natural person. Under the GDPR, ‘personal data’ means “any information relating to an identified or identifiable natural person”. 8. There are certain exceptions to the prohibition of the processing of special category data. There are considerable differences between the processing of these two types of personal data. If you want to make sure everything is compliant, contact your supervisory authority and make sure you get acquainted with the regulation and law governing the area of your interest to meet additional conditions. Review existing data collected and processed and identify whether your organisation collects and processes data caught by the expanded definitions under the GDPR. While the definition looks to have been simplified, the effect is to make it more detailed by reference to a series of identifiers including name, online identifiers (such as an IP address) and location data. Special category data is personal data that needs more protection because it is sensitive. 1. 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 … Contact phone number must have at least 0 and no more than 24 characters. Check with your supervisory authority to find out if there are any additional limitations regarding the processing of genetic data, biometric data or data concerning health. ICO issues Q&A on the UK's data protection landscape after the Brexit transition period, UK-US data sharing poses risk to UK’s GDPR adequacy decision application, CJEU issues verdict on EU-US Privacy Shield and Model Clauses. If the processing is carried with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim. 7. Personal data is any information that can be used to identify a living person, including names, delivery details, IP addresses, or HR data such as payroll details. When processing sensitive personal data, the first thing is making sure that there no other way to achieve the desired goal that would be less intrusive on personal data of the individual. Data transfers to the UK could be affected by a recent ruling on state surveillance measures and the EDPB’s recently updated European Essential Guarantees following Schrems II. In fact, consent is only one of six lawful grounds for processing personal data, and the strict rules regarding lawful consent requests mean it’s generally the least preferable option.. If the processing of sensitive data is authorized by law, and necessary for exercising the data controller or data subject’s rights. 9 of the GDPR: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; These do not have to be linked. The inclusion of genetic and biometric data is new. CJEU ruling on Privacy International case; could it frustrate UK’s GDPR Adequacy Decision? Some sensitive personal data can be logged by accident, like referral information from another website that provides sensitive services. Personal data. We will go over what “personal data” is according to the GDPR. Personal data can seem abstract and trivial, but a lot of it can be very sensitive and even dangerous if left unsecured. Under the General Data Protection Regulation (GDPR), organisations must create a data retention policy to help them manage the way they handle personal information.. While remaining largely the same, there are some changes to the conditions for processing personal data and sensitive personal data. If the data controller is processing sensitive personal data, at least one sensitive personal data processing condition must also be satisfied. Of course, there are certain exemptions that we will discuss later on. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it … This is a modified concept. Sensitive data may be processed, if it is crucial to protect the vital interests of the data subject or of another individual, and the data subject is physically or legally incapable of giving consent. Our data protection lawyers deliver straightforward, commercial advice to help our clients ensure compliance with data protection regulation. This processing has to be permitted by Union or Member State law or pursuant to contract with a health professional. There are two main types of data under the GDPR: personal data and special category personal data. Processing is done for: • archiving purposes in the public interest, • scientific or historical research • statistical purposes. 12 11 Art. Processing special categories of data may entail other obligations, like appointing a DPO, conducting a DPIA, compliance with Article 22 regarding automated individual decision-making, including profiling, and the implementation of suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. Any processing of personal data must satisfy at least one of the following conditions: Although the definitions are broader than the equivalent definitions in the current DPA, for the most part they are simply codifying current guidance and case law on the meaning of 'personal data'. Personal data covers a much broader definition than the previous legislation demanded. The GDPR also states that the Member States can add further specific conditions and limitations for genetic, biometric or health data. Under GDPR these are known as ‘special categories of personal data’ , and includes information about a person’s: For processing to be lawful, you must be compliant with GDPR Article 6 -Lawfulness of processing. However, if you identified the proper exception, there are few of them that require further support in EU law or Member State law. What is sensitive data under the GDPR? Non-personal data is data that does not need special protection. Identify whether your organisations' conditions for processing have an effect on individuals' rights. The processing conditions are: The grounds for processing personal data under the GDPR broadly replicate those under the DPA. Definition under the DPA: personal data consisting of information as to: (a) the racial or ethnic origin of the data subject; (c) his religious beliefs or other beliefs of a similar nature; (d) whether he is a member of a trade union; (e) his physical or mental health or condition; (g) the commission or alleged commission by him of any offence; or. The GDPR defines ‘personal data’ as any information relating to an identified or identifiable natural person (‘data subject’).” At first glance, this is a simpler definition when compared to the definition of personal data in the DPA 1998. If you process substantial amounts of genetic, biometric or health data, pay attention to national developments as Member States have a right to impose further conditions on the grounds set out in the GDPR. 9 GDPRProcessing of special categories of personal data. 3. hbspt.cta.load(5699763, '40b50953-1c20-4175-ae10-501f3ed52483', {}); Several GDPR breaches occurred during the admittance of the patient that resulted in issuing the wrong invoice to the patient and revealed more serious privacy issues the hospital was struggling with. Processing of sensitive personal data is as a rule prohibited but there are certain exceptions. The difference between personal data and sensitive personal data is that processing sensitive personal data requires additional protection granted by the GDPR, since processing those types of data can involve severe and unacceptable risks for fundamental human rights and freedoms. In addition to complying with all six data protection principles (please see our briefing on GDPR: Data Protection Principles), when processing personal data a data controller must also satisfy at least one processing condition. (h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings. Personal data is any information relating to an identified or identifiable person. It also redefines the very meaning of ‘personal data’ compared with the present legislation, so that is worth exploring as well. The value of the Contact phone number field is not valid. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. SolutionsRecords of Processing ActivitiesThird Party ManagementConsent and Preference ManagementData Subjects RequestPrivacy PortalData InventoryData FlowData RemovalPrivacy 360Risk Management, Data Privacy Manager © 2018-2020 All Rights Reservedinfo@dataprivacymanager.net, Harbor cooperation between DPO, Legal Services, IT and Marketing, Guide your partners trough vendor management process workflow, Consolidate your data and prioritize your relationship with customers, Turn data subjects request into an automated workflow, Allow your customers to communicate their requests and preferences at any time, Discover personal data across multiple systems, Establish control over complete personal Data Flow, Introducing end-to end automation of personal data removal, Clear 360 overview of all data and information, Identifying the risk from the point of view of Data Subject, Sensitive personal data - special category under the GDPR, Data Privacy Manager © 2018-2020 All Rights Reserved, 5 Future Data Privacy Predictions for 2021, EDPB recommendations for transferring personal data to non-EU countries, What is a DPIA and how to conduct it? As we said in GDPR after Brexit, consent is the pivotal issue with regards to data … Take this into consideration if processing data related to: employment, social security, and social protection; sensitive data in the public interest; data regarding health, social care or public health; and archiving research, and statistics. If the data controller is processing sensitive personal data, at least one sensitive personal data processing condition must also be satisfied. Review the conditions on which your organisation processes personal data and sensitive personal data. The following personal data are considered as special categories of personal data and are subject to specific processing conditions according to the Art. GDPR Article 10 will give you more information on this. Article 9 of the GDPR, explains that the processing of sensitive personal data is prohibited, with certain exemptions. On the condition that the processing relates only to the members, former members, or individuals who have regular contact with it regarding its purposes. hbspt.cta.load(5699763, '92bc290a-539a-4e07-864c-c1ca928a0ae6', {}); Try Data Privacy Manager and experience how you can simplify managing records of processing activities, third-parties, or data subject requests! hbspt.cta.load(5699763, '8bbe6113-4223-4f7d-9411-9829ac8a5127', {}); Not every piece of information is considered to be personal data, and the GDPR offers a definition of what qualifies as personal data. The non-profit body has to make sure that the personal data is not disclosed outside that body without the proper consent of the data subjects. Name must have at least 0 and no more than 256 characters. Be aware of what can be included under ‘identifiable natural person’ as part of the definition of Personal Data. 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