Applies toEUDE

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.