Special Categories of Personal Data
Article 9 identifies special categories (sensitive) of personal data needing extra protection because their processing risks individuals' fundamental rights. They are: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership; plus genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health, and data concerning a person's sex life or sexual orientation. Genetic data and data concerning health have their own broad definitions. A photograph is only biometric data when processed by a specific technical means for unique identification - but its purpose may still pull it into Article 9.
| Special category | Note |
|---|---|
| Racial or ethnic origin | Revealing data |
| Political opinions | Revealing data |
| Religious or philosophical beliefs | Revealing data |
| Trade union membership | Revealing data |
| Genetic data | Defined in Recital 34 - unique info on physiology/health from a biological sample |
| Biometric data | Special category only when processed to uniquely identify a person |
| Data concerning health | Defined broadly (Article 4(15), Recital 35) - past, current or future status |
| Sex life or sexual orientation | Revealing data |
Processing photographs is not automatically processing of special-category data. A photo becomes biometric data only when processed through a specific technical means (e.g. facial recognition) that allows unique identification or authentication. But beware the purpose: per EDPB Guidelines 3/2019, footage of someone in a wheelchair or wearing glasses is not per se special data - yet if it is processed to deduce a health condition or other special category, Article 9 applies.
- Data concerning health is read broadly: care-registration data; a health identifier/number; results of testing a body part or substance (including genetic data); and any data on disease, disability, disease risk, medical history, treatment or physiological state - from any source.
- Genetic data gives unique information about physiology or health and typically comes from analysing a biological sample.
- Some 'revealing' categories can be inferred - a photo may reveal racial origin, religion or a disability; the purpose of processing then matters.
Key terms - quick answers
What is “Article 9”?
What is “special categories”?
What is “genetic data”?
What is “biometric data”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.