Collecting sensitive personal data has become a necessity for businesses. We explain what special category data is and how to stay GDPR compliant.
Special category data is particularly important as its use could significantly risk an individual's fundamental rights and freedoms. Therefore, it is vital that this information be treated with greater care.
Personal data is information that relates to an identifiable individual or data subject. Sensitive personal data falls into special categories as defined by the GDPR.
Special category data includes gathered, inferred or guessed details about someone, which falls into one of the categories below. It depends on how certain that inference is and whether you are deliberately drawing that inference.
The GDPR defines special category data as:
Make sure you're clear about what is classed as sensitive personal data (special category data). Broadly, as previously under the Data Protection Act, it includes any data relating to race or ethnic origin, religious or political beliefs (including trade union membership), and data on health, sex life, or sexual orientation. However, under GDPR, special category data also includes genetic and biometric data (see Article 9).
Find out what special category personal data is currently collected and processed by your firm. Is it legitimate and lawful? What does your firm need to do to comply with GDPR best practices?
Ensure that you accurately record the legal basis for processing data. For example, whether you have explicit consent, whether it is required for the performance of specific contracts, or for other specific purposes (such as the public interest or the vital interests of an individual).
Conduct a Data Protection (DPIA) and/or Privacy Impact Assessment (PIA). We all have a duty to do so where there is a high risk to the rights or freedoms of data subjects. Remember, individual consent may not be enough, and you may also need processing to be sanctioned by the data protection authority where risks are high.
The definition of health data is broad under GDPR and includes past, present or future physical or mental health; information from testing or examination of a body part or bodily substance; genetic and biological samples; information on diseases or risk; disability, medical history, clinical treatment, and so on. Be aware that the different EU Member States may also have separate regimes.
Criminal offence data are dealt with separately under GDPR, and this type of data is now subject to greater restrictions. Be sure you are processing this data in a way that is lawful, fair, transparent and complies with all the other principles.
Ireland's Data Protection Commission (DPC) fined Meta a record-breaking €1.2bn. The fine was issued to Facebook's parent company after it mishandled personal data when transferring it between Europe and the United States (US).
In a separate incident, the Data Protection Commission (DPC) issued Meta Platforms Ireland Ltd. (Instagram) a €405m fine, which includes a €20m fine for the infringement of Article 6(1). This is one of the all-time biggest GDPR fines.
An inquiry into the company investigated the processing of personal data of child users on the social networking service Instagram.
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