Sensitive data under GDPR: Understanding special category personal data
Sensitive data is another term for special category personal data under the General Data Protection Regulation (GDPR). This type of data requires extra safeguards due to its sensitive nature and higher risk of misuse.
Because of its potential impact on individuals’ rights and freedoms, processing this type of data is generally prohibited unless an organization meets specific legal conditions outlined in GDPR.
What qualifies as sensitive under GDPR?
GDPR defines special category personal data as any information revealing:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade union membership
- Genetic data
- Biometric data used for identification
- Health data
- Sex life or sexual orientation
Why does sensitive data require extra protection?
Sensitive data is more vulnerable to misuse, making it essential for organizations to:
- Implement strict security measures, such as encryption and access controls.
- Limit data processing to only what is necessary and justified.
- Obtain explicit consent or meet other GDPR conditions before processing.
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How to process sensitive data lawfully under GDPR
1. Establish a legal basis for processing the data
Organizations can only process this kind of data if they meet one of the legal conditions under GDPR, such as:
- Explicit consent from the data subject.
- Employment, social security, or social protection laws that require processing.
- Protection of vital interests where the individual cannot provide consent.
- Public interest reasons, such as health or research.
2. Apply strong security and access controls
- Use encryption and pseudonymization to reduce risks.
- Restrict access to authorized personnel only.
3. Maintain transparency and accountability
- Clearly inform individuals why their sensitive data is collected and how it will be used.
- Keep detailed records of processing activities (ROPA) related to sensitive data.
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Why protecting sensitive data is essential for GDPR compliance
Handling sensitive data correctly helps organizations:
- Avoid GDPR fines by meeting strict legal conditions.
- Strengthen data security and prevent breaches.
- Enhance trust by demonstrating responsible data management.
- Ensure ethical and transparent data processing.
By implementing strong security measures and legal safeguards, businesses can protect personal data, maintain compliance, and uphold data subject rights.
