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