Special category personal data under GDPR: Understanding its protection requirements
Special category personal data refers to highly sensitive types of personal data that require extra safeguards under the General Data Protection Regulation (GDPR). Due to its potential impact on fundamental rights and freedoms, GDPR prohibits processing special category data unless strict conditions are met.
Organizations handling special category data must ensure strong security measures, a lawful processing basis, and full transparency in their data protection practices.
What qualifies as special category personal data?
GDPR defines the following types of special category data:
- 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 special category data require extra protection?
This data is more vulnerable to misuse, and its exposure can lead to discrimination, identity theft, or harm. Organizations must:
- Apply stricter security measures, such as encryption and access controls.
- Process data only when strictly necessary and legally justified.
- Ensure transparency by informing individuals about how their data is used.
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How to lawfully process special category personal data under GDPR
1. Establish a valid legal basis for processing
GDPR prohibits processing special category data, unless one of the following conditions applies:
- Explicit consent from the data subject.
- Employment, social security, or social protection laws that require processing.
- Vital interest protection where the individual is unable to consent.
- Legitimate public interest such as public health or scientific research.
2. Implement strong security and risk management measures
- Encrypt and pseudonymize special category data to reduce risk.
- Restrict access to authorized personnel only.
- Conduct Data Protection Impact Assessments (DPIAs) for high-risk processing.
3. Maintain transparency and accountability
- Inform individuals why their special category data is being collected and processed.
- Keep Records of Processing Activities (ROPA) detailing the handling of this data.
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Why safeguarding special category data is essential for GDPR compliance
Properly handling special category personal data helps organizations:
- Avoid GDPR fines by complying with strict legal conditions.
- Enhance security by applying high-level protection measures.
- Strengthen transparency and accountability in data processing.
- Build trust by demonstrating responsible data management.
By implementing strict safeguards and meeting GDPR requirements, businesses can protect sensitive data, reduce risks, and ensure compliance.
