Sensitive personal data is also covered in GDPR as special categories of personal data. Examples of personal data include a person’s name, phone number, bank details and medical history. Name must have at least 0 and no more than 256 characters. The processing of personal data will only be lawful if it satisfies at least one of the following conditions: The grounds for processing sensitive data under the GDPR broadly replicate those under the DPA, but have become slightly narrower. It doesn't matter if it's something as obvious as a person's name, as seemingly innocuous as their IP address, or as sensitive as their medical records. There are certain principles, preconditions, and steps that need to be taken before processing any type of personal data, and this is applicable when processing a special category of personal data outlined in Article 5 of the GDPR: • personal data must be processed lawfully, fairly and transparently • data must be collected for a specific purpose • processing must be adequate, limited and relevant (data minimization principle) • data must be as accurate and kept up to date • data should be kept in a form which permits identification of data subjects for no longer than is necessary (storage limitation, anonymization, pseudonymization) • Implement adequate technical and organizational data protection measures. Personal data is information that relates to an identified or identifiable natural person. The processing conditions are: [Video & Infographics], Best Online Privacy Practices for Small Business, Discover how Master Data Management can help you comply with GDPR, First GDPR fine in Croatia issued to an unknown Bank. Or if it is necessary for carrying out the obligations related to employment, social security and social protection law. In all cases, adequate safeguards for the protection of fundamental rights and interests of the data subject have to be present. A common misconception about the GDPR is that all organisations need to seek consent to process personal data. Make sure your processing is done according to the principles and requirements outlined in Article 5. 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, 'd338d6fd-76ae-48c8-8175-86371aa3e9aa', {}); 6. The GDPR also states that the Member States can add further specific conditions and limitations for genetic, biometric or health data. Review existing data collected and processed and identify whether your organisation collects and processes data caught by the expanded definitions under the GDPR. GDPR personal data is a broad category. It also redefines the very meaning of ‘personal data’ compared with the present legislation, so that is worth exploring as well. GDPR establishes the prohibition of processing of these categories of sensitive data with specific exceptions: In case the party concerned has given his or her explicit consent. The following personal data is considered ‘sensitive’ and is subject to specific processing conditions: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; genetic data, biometric data processed solely to identify a human being; health-related data; This data requires a higher degree of protection due to the nature of the information and because the processing of the information could create “significant risks to the fundamental rights and freedoms” of the data … CJEU ruling on Privacy International case; could it frustrate UK’s GDPR Adequacy Decision? It is permissible to process sensitive personal data of a data subject if the data subject has already made the data public and accessible. Identify whether your organisations' conditions for processing have an effect on individuals' rights. 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. Processing special categories of data may entail other obligations, like appointing a DPO, conducting a DPIA, compliance with Article 22 regarding automated individual decision-making, including profiling, and the implementation of suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. The next step will be assessing if you need to complete a data protection impact assessment (DPIA) for any type of processing which is likely to be high risk. 12 11 Art. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it … 1. Identify what a lawful basis for personal data processing in your particular case is. If you rely on consent, the consent mechanisms used should be reviewed to ensure they meet the higher threshold under the GDPR. There are certain exceptions to the prohibition of the processing of special category data. Check with your supervisory authority to find out if there are any additional limitations regarding the processing of genetic data, biometric data or data concerning health. Under the GDPR, personal data is data that relates to or can identify a living person, either by itself or together with other available information. The data can be non-personal, personal or sensitive. The fine was issued on the fact that the pharmacy had insufficient technical and organizational measures to ensure the security of a special category of data. While remaining largely the same, there are some changes to the conditions for processing personal data and sensitive personal data. However, if you identified the proper exception, there are few of them that require further support in EU law or Member State law. ICO issues Q&A on the UK's data protection landscape after the Brexit transition period, UK-US data sharing poses risk to UK’s GDPR adequacy decision application, CJEU issues verdict on EU-US Privacy Shield and Model Clauses. Also, for you as a controller or processor, different sets of rules are applied when processing special categories of data. There are two main types of data under the GDPR: personal data and special category personal data. 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