Special Categories of Personal Data (Article 9)
Special categories of personal data
TL;DR
Art. 9 GDPR lists the special categories of personal data: racial/ethnic origin, political opinions, religious/philosophical beliefs, trade union membership, genetic/biometric data, health, sex life/sexual orientation.
What are Special Categories of Personal Data (Article 9)?
Exceptions under Art. 9(2):
- Explicit consent
- Employment law obligations
- Vital interests
- Public health interest
Practical example
An HR system stores days of sick leave. These are special category data — legal basis Art. 9(2)(b) (employment law obligations). A DPIA is recommended.
Frequently asked questions
Is a DPIA mandatory?
For large-scale processing of special category data: yes, under Art. 35(3)(b).
Fines?
Art. 83(5)(a) — up to EUR 20 million / 4%.
See also
Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult an admitted lawyer.