What is Special Data ?
If your company processes what used to be called sensitive personal information then you have enhanced responsibilities to the data subjects.
Special data is listed as being any data relating to:
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- data concerning health or sex life and sexual orientation;
- genetic data
- biometric data where processed to uniquely identify a person (not photographs generally)
Special personal data does not does not include criminal records although for many practical purposes it should be treated as the same.
Your organisation must have lawful reasons for recording and processing special personal data, such as for the purpose of legal proceedings, with explicit consent of the Data subject or for employment law obligations. Your company will also have one of the reasons under Article 6. The full list of the reasons which allow your company to process special personal data can be found in Article 9 of the GDPR.
You should not process special data without a reason for it or for longer than is necessary.
If you are unsure of or would like to discuss your GDPR obligations, please contact Dominic Moss at the contact details below. Dominic is senior Partner at Law Firm Stonehewer Moss
The content of this note is provided for general information only. It is not intended to amount to advice on which you should or can rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this note.