30 GDPR – Records of processing activities, Art. 46 GDPR – Transfers subject to appropriate safeguards, Art. It also addresses the transfer of personal data outside the EU and EEA areas. on one of the specific derogations set out under Article 9 to this general prohibition. 9 GDPR state that in order to process this type of data, certain requirements have to be met. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. We use cookies to ensure that we give you the best experience on our website. Everything you share online is processed and stored, whether you’re booking a flight or posting a photo on social media. We live in a data-driven world. 39 GDPR – Tasks of the data protection officer, Art. If you continue to use this site we will assume that you are happy with it. The full text of GDPR Article 9: Processing of special categories of personal data of the EU General Data Protection Regulation (adopted in May 2016 with an enforcement data of May 25, 2018) is below. 53 GDPR – General conditions for the members of the supervisory authority, Art. 50 GDPR – International cooperation for the protection of personal data, Art. The lawful bases for processing are set out in Article 6 of the GDPR. 86 GDPR – Processing and public access to official documents, Art. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph thereof … Behandling af særlige kategorier af personoplysninger 1. This is not an official EU Commission or Government resource. (51) Protecting sensitive personal data At least one of these must apply whenever you process personal data: (a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose. 29 GDPR – Processing under the authority of the controller or processor, Art. Remember that in order for your processing to be lawful, you always need to identify an Article 6 basis for processing. 1. Special category data is … The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Continuing a recent trend of massive fine reductions under the General Data Protection Regulation, 1 1 Telecom in Germany had its €9.55 million penalty issued last year reduced … 88 GDPR – Processing in the context of employment, Art. This article regulates the processing of special category data. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data … Article 9 of the Regulation is based on Article 8 of the Directive, in that it prohibits the processing of sensitive data on the grounds that they deserve specific protection, given the significant risks to the fundamental rights and freedoms inherent in their processing. 45 GDPR – Transfers on the basis of an adequacy decision, Art. 37 GDPR – Designation of the data protection officer, Art. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. 34 GDPR – Communication of a personal data breach to the data subject, Art. 95 GDPR – Relationship with Directive 2002/58/EC, Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. 1If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a … Continue reading Art. 83 GDPR – General conditions for imposing administrative fines, Art. 6 GDPR – Lawfulness of processing 92 – 93) GDPR Article 92; GDPR Article 93; Chapter 11 (Art. 10 GDPR - Processing of personal data relating to criminal convictions and offences. Art. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. This is the English version printed on April 6, 2016 before final adoption. Nothing found in this portal constitutes legal advice. 80 GDPR – Representation of data subjects, Art. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Art. With the advent last May of the EU General Data Protection Regulation, biometric data is front and center. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. All Rights Reserved. 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 … In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the GDPR and a separate condition for processing under Article 9. Article 9. 10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. processing is necessary to protect the vital interests of the data subject or of another natural person … Welcome to gdpr-info.eu. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. 1 GDPR – Subject-matter and objectives, Art. 54 GDPR – Rules on the establishment of the supervisory authority, Art. They will come into affect on May 25th 2018. 9 GDPR – Processing of special categories of personal data, Art. someone under the age of 16) and his/her 82 GDPR – Right to compensation and liability, Art. 87 GDPR – Processing of the national identification number, Art. 96 GDPR – Relationship with previously concluded Agreements, Art. Privacy Policy. 11 GDPR – Processing which does not require identification, Art. Data protection in the time of the coronavirus is a tricky proposition. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. 44 GDPR – General principle for transfers, Art. They will come into affect on May 25th 2018. © 2020 Proton Technologies AG. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. GDPR Article 83; GDPR Article 84; Chapter 9 (Art. 17 GDPR – Right to erasure (‘right to be forgotten’), Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. Final text of the GDPR including recitals. The prohibition covers in general: - The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership; - The processing of genetic data and biometric data in order to ident… EU GDPR Chapter 2 Article 9. (53) Processing of sensitive data in health and social sector GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. 15 GDPR – Right of access by the data subject, Art. Principles relating to processing of personal data, Conditions applicable to child’s consent in relation to information society services, Processing of special categories of personal data, Processing of personal data relating to criminal convictions and offences, Processing which does not require identification, Transparent information, communication and modalities for the exercise of the rights of the data subject, Information to be provided where personal data are collected from the data subject, Information to be provided where personal data have not been obtained from the data subject, Right to erasure (‘right to be forgotten’), Notification obligation regarding rectification or erasure of personal data or restriction of processing, Automated individual decision-making, including profiling, Representatives of controllers or processors not established in the Union, Processing under the authority of the controller or processor, Cooperation with the supervisory authority, Notification of a personal data breach to the supervisory authority, Communication of a personal data breach to the data subject, Designation of the data protection officer, Transfers of personal data to third countries or international organisations, Transfers on the basis of an adequacy decision, Transfers subject to appropriate safeguards, Transfers or disclosures not authorised by Union law, International cooperation for the protection of personal data, General conditions for the members of the supervisory authority, Rules on the establishment of the supervisory authority, Competence of the lead supervisory authority, Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Joint operations of supervisory authorities, Right to lodge a complaint with a supervisory authority, Right to an effective judicial remedy against a supervisory authority, Right to an effective judicial remedy against a controller or processor, General conditions for imposing administrative fines, Provisions relating to specific processing situations, Processing and freedom of expression and information, Processing and public access to official documents, Processing of the national identification number, Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Existing data protection rules of churches and religious associations, Relationship with previously concluded Agreements, Review of other Union legal acts on data protection. 56 GDPR – Competence of the lead supervisory authority, Art. Companies that handle data are responsible for keeping it safe. (56) Processing personal data on people’s political opinions by parties. By special category data means data that needs more protection than regular data. In many cases, a key question will be what lawful basis applies under Article 6 of the GDPR and (in the case of health data being processed) Article 9. Processing of special categories of personal data 1. They will come into affect on May 25th 2018. 85 GDPR – Processing and freedom of expression and information, Art. There are 10 conditions for processing special category data in Article 9 of the GDPR. See a summary of the articles of the GDPR here. The EU General Data Protection Regulation went into effect on May 25, 2018, replacing the Data Protection Directive 95/46/EC. 99 GDPR – Entry into force and application, Art. 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Art. Article 9 EU GDPR Processing of special categories of personal data. processing is necessary to protect the vital interests of the data subject or of another natural person … OJ L 127, 23.5.2018 as a neatly arranged website. Article 9 — Processing special categories of data . These Guidelines focus on these changes, providing practic… 9. ... pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; Article 9 (2) (f) provides an exemption from the general prohibition on processing where the processing is necessary to establish, exercise or defend legal claims. Article German court cuts 1 & 1 Telecom GDPR fine by 90 percent. 22 GDPR – Automated individual decision-making, including profiling, Art. Artikel 9. Article 9: Processing of Personal Categories of Personal Data. 25 GDPR – Data protection by design and by default, Art. The former EU Data Protection Directive (Directive 95/46/EC) made no mention of biometric data. For example, where an information society service is offered to a child (i.e. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. We are a consulting company specialised in the fields of data protection, IT security and IT forensics. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies. Processing special category data in Article 9: Processing of personal data relating to convictions. 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