The special category of personal data includes all sensitive information about the person. The 10 May Special category of personal data is included in both the Organic Law on Data Protection and the Guarantee of Digital Rights and in the General Data Protection Regulation. Such data includes ethnic origin, sexual orientation, religious or philosophical beliefs, political opinions, exact health data or trade union membership, among others, which are included in the special categories of data of the GDPR.
Definition of special categories of personal data according to Organic Law 3/2018
The definition of special categories of personal data is as follows. Specially protected data under Law 3 2018 are all information that is highly sensitive and closely related to the human person, and with different special personal data, the person can be identified.
What is the legal basis applied to special categories of data?
The legal basis for special categories of data under the LOPDGDD and according to the GDPR, is included in the following articles of the two regulations:
LOPDGDD: article 9
Firstly, the legal basis applied to special categories of data in the LOPD is only reflected in article 9. It establishes that the processing of special personal data requires the explicit consent of the affected person, except in cases provided for by law.
GDPR: Articles 9, 51 and 56
Secondly, in the case of amazon database the GDPR, the legal basis applied to special categories of data is found in Articles 9, 51 and 56. Article 9 sets out the requirements for the processing of special personal data. It includes that the express consent of the affected person is necessary and that it is essential to be able to guarantee an adequate level of protection for such data.
Article 51 sets out the responsibilities of supervisory authorities in relation to the processing of special personal data.
Finally, Article 56 provides for the right of supervisory authorities to receive additional information from national authorities and to cooperate with them in supervising the processing of special personal data.
What are the specially protected data?
The data that are especially protected, according to the GDPR, are:
Ethnic origin
Ethnicity data relates to information about a person’s race or ethnicity.
Political opinions
A person’s ideological data, political opinions or political affiliation are specially protected data.
Religious or philosophical beliefs
It is all the information related to a person’s religious or philosophical beliefs.
Trade union membership
Information related to the union to which a person belongs.
Genetic and biometric identification data
Data relating to the examples of whatsapp advertising to boost your sales physical or psychological characteristics of an individual that can be used to uniquely identify that individual, such as fingerprints or facial recognition.
Health related
This is all information related to physical or mental health, medical reports, records of medical treatments, vaccinations, surgical interventions or the consumption of toxic and narcotic substances, among other types of specially protected data that are related to each person.
Relating to private life and sexual orientations
Finally, any information related to ar numbers a person’s sexual orientation is especially protected by the GDPR and the LOPD.
When is the processing of this personal data possible?
Special categories of personal data may be processed in the following cases, which are provided for in Article 9 of the GDPR.
Explicit consent
Whenever the interested party has given express consent for the processing of his/her personal data and that said consent contemplates the possibility that the data will be used for more purposes than those established.
In our publication we detail what this LOPD consent is about and how it can be carried out.
Compliance with obligations and rights
The processing of special data is mandatory for the fulfillment of obligations and rights, whether of the data controller or the interested party.
Protection of interests
The processing of special categories of data may be carried out if necessary to protect the vital interests of the data subject or of another person. In order for this data processing to be carried out for the protection of interests. The person does not have to be capable of giving explicit consent.
Scope of its legitimate activities
The processing of these data may be carried out within the scope of their legitimate activities. And must comply with all guarantees by associations, foundations, NGOs of any kind or unions. Such processing must relate to current members or to former members who still have some relationship with the organization.
Public demonstration
This processing concerns the personal data of a natural person, i.e. the data subject. Who has made his or her data public.
Formulation, exercise or defense in court
Treatment is always necessary for the formulation, exercise or defense in court, when the interested party faces a judicial process.
Reasons of public interest
The processing may be carried out for reasons of public interest, whether of general interest, health, science, history or statistics.
Occupational or preventive medicine purposes
Finally, treatment is necessary for occupational or preventive purposes, so that workers can obtain better medical control. It also serves for the management of the health and social care system and services.
