If the data controller is processing sensitive personal data, at least one sensitive personal data processing condition must also be satisfied. Depends on the context though. This means that you are e.g. Youll learn about the six data protection principles, the rights of data subjects, the ways in which you can protect personal data and the steps you must take if a breach occurs. Check with your supervisory authority to find out if there are any additional limitations if you are processing genetic data, biometric data, or data concerning health. If you have lots of birthdays so that there are no unique birthdays, or if the birthdays are stored without contextual information that would allow identification, this can indicate that it's not personal data. This includes information about: Data related to a person's sex life or sexual orientation; and. Sensitive data could be anything from age, birthday and dietary requirements to biometric data and sexual preferences. (Article 5(1)b GDPR) must be respected. 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It is permissible to process sensitive personal data of a data subject if the data subject has already made the data public and accessible 6. 2 Those personal data should include personal data revealing racial or ethnic origin, whereby the use of the term 'racial origin' in this . This depends not just on what the information is, but how the information is used. If you want to make sure processing is compliant, contact your supervisory authority and make sure you get acquainted with the regulation and laws governing the area of your interest to meet additional conditions. As the list above shows,consent is only oneoption, and thestrict rules regardingthe way you obtain and maintain itmeanitsgenerally the least preferable option. It is an obligation for all companies affected by GDPR to have adequate policies in place to ensure that they are compliant. The inclusion of genetic and biometric data is new. In C, why limit || and && to evaluate to booleans? Proposed changes to the legal safeguards for exports of personal data from the UK have been laid before Parliament for approval, to come into force on 21 March 2022. GDPR Training Course compliancejunction.com Stack Exchange network consists of 182 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. Human error is not considered an adequate excuse for non-compliance and the negligent party can still face penalties. There are certain articles in the GDPR that regulate sensitive personal data. It is therefore necessary to know your personal data from your sensitive personal data. Like all forms of personal data, when stored on a laptop or other personal device, the file should be en encrypted and/or pseudonymised. The processing of special category data can affect your other obligations in particular the need for documentation. This recital also mentions that singling out a person is a kind of identification. But if you have a name and a picture, you can identify that person.) Is it OK to check indirectly in a Bash if statement for exit codes if they are multiple? Definition under the DPA: personal data consisting of information as to: (a) the racial or ethnic origin of the data subject; (c) his religious beliefs or other beliefs of a similar nature; (d) whether he is a member of a trade union; (e) his physical or mental health or condition; (g) the commission or alleged commission by him of any offence; or. For instance, date of birth or national insurance (social security number). Biometric data (in circumstances where it is processed to uniquely identify an individual). In other words, it is any data that can lead to the identification of specific (living) person. Sensitive personal data is a specific subset of personal data that requires additional protection as compared to other types of personal data. Processing of sensitive personal data is possible if the data subject has given explicit consent to the processing of those data. in a locked drawer or cabinet. (h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings. That, said for full compliance, employees should also be properly trained in GDPR practices. Make sure you are acquainted with all your obligations. The information gathered may be considered personal data under GDPR if it can be compiled in such a way as to identify a probable data subject. The GDPR exists to protect our personal data on all levels. Encryption also obscures information by replacing identifiers with something else. Would it be illegal for me to act as a Civillian Traffic Enforcer? For processing to be lawful, you must be compliant with GDPR Article 6 -Lawfulness of processing. on GDPR: Identifying personal data & sensitive data, GDPR Training Course compliancejunction.com. It is permissible to process sensitive personal data of a data subject if the data subject has already made the data public and accessible. If theindividual withdraws consent, youare legally required to remove their records from your database. This kind of processing is aimed at cross-border threats to health and ensuring high standards of safety of health care, medicinal products, or medical devices. LWC: Lightning datatable not displaying the data stored in localstorage. In addition to complying with all six data protection principles (please see our briefing on GDPR: Data Protection Principles), when processing personal data a data controller must also satisfy at least one processing condition. hbspt.cta.load(5699763, '34f7c0b6-ada5-4f80-bd11-77734d00365f', {"region":"na1"}); If the processing of sensitive data is authorized by law, and necessary for exercising the data controller or data subjects rights. Additional safeguards to protect sensitive data have to be provided. Health data, which are usually at issue in clinical trials, are classed as sensitive personal data, and under both the current legislation and the GDPR, are subject to tighter conditions for processing compared to other types of personal data (e.g. This depends on the context GDPR rarely restricts the use of specific kinds of data (see Art 9) but instead regulates the processing of this data, and the purposes for which it is processed. The difference between personal data and sensitive personal data is that processing sensitive personal data requires additional protection granted by the GDPR, since processing those types of data can involve severeand unacceptable risks to fundamental human rights and freedoms. In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9. Businesses and public bodies often collect and hold numerous pieces of information relating to their data subjects. I can change the 'no' to 'it depends', though, if that helps highlighting the importance of the criteria. Special categories of personal data include sensitive personal data, such as biometric and genetic information that can be processed to identify a person. I wonder if only a birthday is seen as personal identifiable information according to the GDPR, so no usernames, passwords, emails, phone numbers are present in the system. Confidential data It's worth noting the difference between confidential and sensitive data. Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. rev2022.11.3.43005. Breach News The term 'personal data' is the entryway to the application of the General Data Protection Regulation (GDPR). Or would you be able to have this. An individual can give explicit consent for one or more specified purposes, except where the European Union or Member State decides that the prohibition can not be lifted by the data subject. For example, an email address which includes the subjects name and place of employment, e.g. Eoin P. Campbell is an honours law graduate (LL.B) from Queen's University Belfast and is a qualified solicitor. Weve explained more about personal data and the circumstances where it applies to the GDPR in our earlier blog, so well turn our focus now to sensitive personal data. This information is anonymous and not personal data, since you have no reasonable means to identify the persons. Overall there is not much difference between the two legal texts so for brevity we'll refer solely to GDPR. However, where the name is combined with other information (such as an address, a place of work, or a telephone number) this will usually be sufficient to clearly identify one individual.. A version of this blog was originally published on 9 February 2018. This information is likely personal data, since it's reasonably possible to infer the correct person based on contextual information. There are thousands (perhaps millions) of births every day where the GDPR applies. There are also legal complicationswhen you rely on consent. Not onlymustyou document a lawful basis for processing underArticle 6 of the GDPR, you must also document a lawful basis underArticle 9. This implies that many, many people have the same birthdate (and even more people have the same birthday). The processing of sensitive data is aimed at the prevention or control of contagious diseases and other health threats. Any processing of personal data must satisfy at least one of the following conditions: Although the definitions are broader than the equivalent definitions in the current DPA, for the most part they are simply codifying current guidance and case law on the meaning of 'personal data'. Definition under the Data Protection Act 1998 (DPA): data which relate to a living individual who can be identified: (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller; and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. In the right context, any of the following types of information could be correctly regarded as personal data: Under GDPR, sensitive personal data is a particular set of special categories that needs to be treated with additional security. These categories are: Discover more about the GDPR in our free green paper, EU General Data Protection Regulation A Compliance Guide. Any information This element is very inclusive. hbspt.cta.load(5699763, '8d5f3d5e-0af9-4670-ab48-3100121663b9', {"region":"na1"}); Also, for you as a controller or processor, different sets of rules are applied when processing special categories of data. Your email address will not be published. Making statements based on opinion; back them up with references or personal experience. 4 (1). Sensitive data can also be processed if it is in the public interest, in the field of employment law, social protection law including pensions and for health security, monitoring, and alert purposes, the prevention or control of communicable diseases, and other serious threats to health. However, the GDPR has widened the data that are classed as sensitive personal . Sensitive personal data is a specific set of "special categories" that must be treated with extra security. Personal data is information that relates to an identified or identifiable individual. Some examples to illustrate my views: Scenario 1: you are collecting statistical data in a shopping mall and are collecting birthdays from passer-bys, without any additional information. CJEU ruling on Privacy International case; could it frustrate UKs GDPR Adequacy Decision? Breach News Such information might pertain to the following: It is advisable to store sensitive personal data separately from other personal data, e.g. All Articles of the GDPR are linked with suitable recitals. Q3. I think that a birthday of an identifiable person will almost always relate to that person. Although birthdate determines a person's age, the latter is not a factor "specific to the physical, physiological, [ or] mental, [] of that natural person" because people's aging and said factors depend on the person's lifestyle, life events, and other factors which are not captured in the person's age or birthdate. Eoin is currently lecturing in law at two universities in Lyon, France, including a master's degree course in cyberlaw. What exactly is the correct definition of personal data for the purposes of the GDPR however? Replacing outdoor electrical box at end of conduit, Generalize the Gdel sentence requires a fixed point theorem, Fastest decay of Fourier transform of function of (one-sided or two-sided) exponential decay. However, the calendar doesn't say whose birthday it is. Regulatory Changes The next step will be assessing if you need to complete a data protection impact assessment (DPIA) for any type of processing that is likely to be high risk. See the definition of "personal data", article 4(1) of the GDPR. The definition of personal data as mentioned in the GDPR: 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one . Does GDPR affect personal projects with family data? 1 Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms. This is a modified concept. By clicking Post Your Answer, you agree to our terms of service, privacy policy and cookie policy. He obviously knows that criteria are more meaningful than a bare 'yes' or 'no', which is why he asks for the source as well. 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