Special category data

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What are the exemptions for processing special category data?

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The special categories of personal data, are those GDPR identifies as more sensitive in nature, hence there's a need for more protection.

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Race and ethnicity

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Political, religious, or philosophical beliefs

Health, sex life, and sexual orientation

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The ten exemptions

There are ten exemptions that make it possible for data controllers and data processors to still process special categories of personal data and these are:

EXPLICIT CONSENT: The data subject has given explicit consent to the processing of special category data for one or more specified purposes (unless the law prohibits the processing and that prohibition cannot be overridden by the data subject).

LEGAL OBLIGATION: Processing of special category data is necessary for the purposes of carrying out the legal obligations of the organisation, such as in the field of employment and social security.

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MEMBERSHIP ORGANIZATIONS: Processing of special category data that relates to members or former members is carried out in the course of legitimate activities by a non-profit making organization with a political, philosophical, religious or trade-union aim.

PUBLICLY DISCLOSED DATA: If the special category data is made public by the data subject, then processing is permitted.

VITAL INTEREST: Processing of special category data is necessary to protect the vital interests of the data subject or another person where the data subject is legally or physically incapable of giving consent.

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SUBSTANTIAL PUBLIC INTEREST: Processing of special category data is necessary for reasons of substantial public interest based on a  Union or State law, which provides specific measures to protect the fundamental rights and freedoms of the data subject.

MEDICINE: Processing of special category data is necessary for the purposes of preventative or occupational medicine, assessment of the working capacity of an employee, and medical diagnosis among others on the basis of Union or State law or in accordance to a contract with a health professional.

LEGAL PROCEEDINGS: Processing of special category data is necessary when ordered by the court and for the establishment, exercise or defence of legal claims.

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RESEARCH: Processing of special category data is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purpose.

PUBLIC HEALTH: Processing of special category is necessary for reasons of public interest in the area of public health, such as protecting individuals against serious health threats, on the basis of Union or State law.