10 GDPR – Processing of personal data relating to criminal convictions and offences; Art. The special categories are: Personal data revealing racial or ethnic origin. Section 10 says that if you are relying on a UK GDPR condition which requires authorisation by law or a basis in law, you must meet one of the additional conditions in Schedule 1. Personal data covers a much broader definition than the previous legislation demanded. 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. Processing shall only be permitted) if: Transparent information, communication and modalities for the exercise of the rights of the data subject. It clearly implies that proper security measures should be in place to protect the processed data due to their sensitive nature. Processing of certain "special" categories of personal data – such as personal data that reveals a person's racial or ethnic origin, or concerns their health or sexual orientation – is subject to more stringent rules than the processing of "ordinary" personal data. GDPR personal data is a broad category. Special categories of personal data are set out at GDPR article 9(1) and clarified at recital 51. These do not have to be linked. Posted on: Monday 15 June 2020 What is special category data, how might it arise in digital advertising, and what are the restrictions on its processing under the GDPR? Many employers are only looking at the Article 9(2)(b) exemption for special categories of data but in the DPA 2018 this is worded as "obligations or rights which are imposed or conferred by law". Special category data is data which the GDPR defines as sensitive personal information, needing a greater level of protection. Today, social media and smartphones are everywhere. As a result, GDPR affords special category personal data greater protection. In this blog, we look at the difference between those terms, and we begin by recapping the Regulation’s definition of personal data: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’). Processing which does not require identification. GDPR Article 9 prohibits any data processing of special category personal data unless the data controller can meet one or more conditions in addition to having an appropriate legal basis for the data processing. As the GDPR considers biometric data to be a special category of sensitive personal data, processing and protecting it must proceed under the framework reserved for sensitive personal data generally. Controllers or data owners typically must satisfy certain requirements before processing special categories of data, such as obtaining data subject consent. Chapter 3 (Art. Art. Special categories of personal data. 9 GDPR – Processing of special categories of personal data; Art. GDPR special category data includes the following information: Race and ethnic origin; Religious or philosophical beliefs ; Political opinions; Trade union memberships; Biometric data used … Art. Information about an employee's health will be ‘special category data’. This is personal data that the GDPR says is more sensitive, and so needs additional protection. This is an area in which the Data Protection Act 2018 differs from the GDPR. According to the new regulations set down by GDPR, special category data is sensitive personal data that was originally stipulated under the 1998 Act. Under the GDPR, stricter rules apply to the processing of special category data, which includes genetic and biometric data as well as information about a person’s health, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade union membership. 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. 12. School phases: All The GDPR classifies some data as 'special category', meaning it's sensitive and needs more protection. Political opinions. You must only collect personal data if you need it, you must store it securely, and you must not share it carelessly. Under the General Data Protection Regulation (GDPR), for example, special category data includes data that reveals a data subject's: Racial or ethnic origin. 12-23) Rights of the data subject. 13. descriptions of special category and criminal offence data guidance on protecting children’s data More information is available on the website of the Information Commissioner’s Office . While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it also covers political opinions, race, gender and much more. It also reminds organisations that the Data Protection Act 2018 (“DPA 2018”) supplements and tailors the GDPR conditions for processing special category data. Special Category Data. Read on to find out what kind of data is defined this way in schools, and the conditions you can use to justify why you need to process it. Digital advertising guidance: special category data under the GDPR. When special category data is processed it must be identified under Article 6. Art. 11 GDPR – Processing which does not require identification ; Chapter 3 (Art. Its special handling is outlined in Article 9. It is not clear what exactly the legislator had in mind by adopting this additional condition. Sections 10 and 11 of the Data Protection Act 2018 specify certain additional conditions, those being that the exemptions in points (b), (g), (h), (i) and (j) above shall only apply (i.e. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. Criminal offence data is treated in a similar way under the legislation, and so is also covered in this policy as the Company applies the same practical protections to it. Special Category Personal Data and the Data Protection Act 2018. And did you know that the GDPR includes a sub-category of sensitive personal data that comes with its own requirements? Processing of special categories of personal data. Processing of personal data relating to criminal convictions and offences. Art. Certain types of sensitive personal data are subject to additional protection under the GDPR. Personal data belonging to special categories can be processed if an exception to the prohibition has been provided for in the EU's General Data Protection Regulation (GDPR) or specifically in Union law or national legislation. These are listed under Article 9 of the GDPR as “special categories” of personal data. GDPR special category data is defined as data that, if exposed, could significantly impact the rights and freedoms of data subjects and potentially be used against them for unlawful discrimination. Sensitive personal data is also covered in GDPR as special categories of personal data. The Data Protection Act 2018 has a specific, separate public interest condition that employers can rely on to monitor diversity. Political opinions. These are listed under Article 9 of the GDPR as “special categories” of personal data. Art. But what exactly does personal data mean? The DPA 2018 supplements and tailors the UK GDPR conditions for processing special category data. This special data includes race, ethnic origin, health data, genetic data, certain biometric data, information about sex life or sexual orientation, political opinions, religious beliefs, philosophical beliefs, and trade union membership. The GDPR: special category data in the context of legal advice and trusts New ICO guidance clarifies when the GDPR allows special category personal data to be used in the context of obtaining legal advice and offers support for trustees processing such data 15 November 2019 We have previously written about the difficulties of applying the General Data Protection Regulation (the GDPR) … Special category data. It will no longer be sufficient to have a legal basis for the processing of special categories of data, such as consent or performance of a specific agreement. As such, if you are relying on a GDPR condition which requires authorisation by law or a basis in law, then you must also meet one of the additional conditions in Schedule 1 of the DPA 2018. Share this. Special categories of data and limits on processing. 10. The GDPR requires that organizations handle special categories of personal data with appropriate safeguards. data concerning a natural person’s sex life or sexual orientation. Certain types of sensitive personal data are subject to additional protection under the GDPR. The GDPR places special restrictions on the processing of certain special categories of sensitive personal data. 11 . This document explains how the Met protects special category and criminal conviction personal data relating to members of the public. The special categories are: Personal data revealing racial or ethnic origin. The GDPR, in fact, introduces the legitimate interest test for processing special categories of data through the back door. How the Met protects special category and criminal convictions personal data. 12 – 23) Rights of the data subject. Art. The GDPR requires that you treat all personal data with care. The term may have specific meanings in different jurisdictions. In order to lawfully process special category data, you must identify both a lawful basis under Article 6 and a separate condition for processing special category data under Article 9. Special category personal data is more sensitive than ordinary personal data. Religious or philosophical beliefs. Special categories of Personal Data in GDPR. Now that the GDPR (General Data Protection Regulation) has been in effect for over a year, you’ve likely become acquainted with the term ‘personal data’. Its special handling is outlined in Article 9. 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