In its most basic definition, sensitive data is a specific set of "special categories" that must be treated with extra security. Table of Contents The GDPR And Personal Data Within a relatively small group of people, a birthday can perfectly identify a person (especially if birthdays of all persons in the group are known). You know so much its almost hard to argue Your email address will not be published. It is advisable to store sensitive personal data separately from other personal data, e.g. If you have lots of birthdays so that there are no unique birthdays, or if the birthdays are stored without contextual information that would allow identification, this can indicate that it's not personal data. The definition previously included information about criminal convictions this is now treated separately and subject to even tighter controls. Of course, there are certain exemptions to the rule. The processing of sensitive data is allowed if there is a considerable public interest at stake. Like all forms of personal data, when stored on a laptop or other personal device, the file should be en encrypted and/or pseudonymised. This information is anonymous and not personal data, since you have no reasonable means to identify the persons. Scenario 2: in an office, there's a publicly visible calendar on the wall with the birthdays of all staff members. In this blog, we look at the difference between those terms, and we begin by recapping the Regulations definition of personal data: [P]ersonaldata means any information relating to an identified or identifiable natural person (data subject). An individual can give explicit consent for one or more specified purposes, except where the European Union or Member State decides that the prohibition can not be lifted by the data subject. Consolidate your data and prioritize your relationship with customers, Turn data subjects request into an automated workflow with a clear insight into data every step of the way, Clear 360 overview of all data and information regarding the individual data subject, Privacy portal allows customers to communicate their requests and preferences at any time, Harbor cooperation between DPO, Legal Services, IT and Marketing, Guide your partners trough vendor management process workflow, Discover personal data across multiple systems in the cloud or on-premise, Establish a business and operational control over complete personal Data Flow within your organization, Introducing end-to end automation of personal data removal, Identifying the risk from the point of view of Data Subject. Personal data laws also apply regardless of how the data is stored, be it an IT system, paper, or video surveillance. In the right context, any of the following types of information could be correctly regarded as personal data: Under GDPR, sensitive personal data is a particular set of special categories that needs to be treated with additional security. Simply put, therefore, personal data is any form of information that could be used to identify a living person. You certainly put a brand new spin on a topic that What is sensitive personal data? The inclusion of genetic and biometric data is new. as when combined can allow for idenitifcation of a person. There are certain exceptions to the prohibition of the processing of special category data. What exactly is the correct definition of personal data for the purposes of the GDPR however? Is using the information for thepurposes of, Requires the information tocomplete tasks in. Our data protection lawyers deliver straightforward, commercial advice to help our clients ensure compliance with data protection regulation. I think that a birthday of an identifiable person will almost always relate to that person. 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. Regex: Delete all lines before STRING, except one particular line, What is the limit to my entering an unlocked home of a stranger to render aid without explicit permission. As you might expect,there are extra rules when processing sensitive personal data. Learn how your comment data is processed. The processing of special category data can affect your other obligations in particular the need for documentation. Although it is central to protecting data being mentioned 15 times in the GDPR and can help protect the privacy and security of personal data, pseudonymisation has its limits, which is why the GDPR also mentions encryption. On the condition that the processing relates only to the members, former members, or individuals who have regular contact with it regarding its purposes. Breach News What is the effect of cycling on weight loss? Recital 53 deals with the processing of sensitive data in the healthcare and social sector. Naturally, many businesses must collect sensitive data to function. Be aware of what can be included under identifiable natural person as part of the definition of Personal Data. The difference between personal data and sensitive personal data is that processing sensitive personal data requires additional protection granted by the GDPR, since processing those types of data can involve severeand unacceptable risks to fundamental human rights and freedoms. GDPR Advice. However, youcant complete your contractual requirements without their information, forcing you into an impossible situation. Can a pre-ticked checkbox be used to RECALL/REVOKE consent under GDPR and/or ePrivacy/cookie law? I will assume that the scope of your question is not restricted to a small population, and from there you can contrast it with any unspecified particularities you might have in mind. Is cycling an aerobic or anaerobic exercise? Eoin has moved from practicing law to teaching. We will be covering individuals' rights later in this series. Is sensitive data the same as personal data? hbspt.cta.load(5699763, '8d5f3d5e-0af9-4670-ab48-3100121663b9', {"region":"na1"}); Also, for you as a controller or processor, different sets of rules are applied when processing special categories of data. This information is anonymous and not personal data, since you have no reasonable means to identify the persons. Q2. We've explained more about personal data and the circumstances where it applies to the GDPR in our earlier blog, so we'll turn our focus now to sensitive personal data. Pseudonymisation and encryption can be used simultaneously or separately. Is throw-away-the-key-encryption allowed under GDPR? to be looking for. Conducting a DPIA is an important aspect of the GDPR accountability obligations of an organization. If the processing is carried out with appropriate safeguards by a foundation, association, or any other not-for-profit body with a political, philosophical, religious, or trade union aim. An individual is 'identified' or 'identifiable' if you can distinguish them from other individuals. CJEU ruling on Privacy International case; could it frustrate UKs GDPR Adequacy Decision? Date of birth is protected information under the GDPR. See the definition of "personal data", article 4(1) of the GDPR. Could the Revelation have happened right when Jesus died? The GDPR distinctly specifies which data is considered sensitive and fall under the special category of data: The processing of the abovementioned types of data is prohibited by the GDPR. Nuances like this are common throughout the GDPR, and any organisation that hasnt taken the time to study its compliance requirements thoroughly is liable to be tripped up. (h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings. Biometric data (in circumstances where it is processed to uniquely identify an individual). GDPR Training Course compliancejunction.com Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. However, the processing should be permitted by law, and proportionate to the goal that is pursued. A. (Article 5(1)b GDPR) must be respected. Stack Overflow for Teams is moving to its own domain! Eoin provides commentary with a legal perspective on cybersecurity and data protection. Such information might pertain to the following: It is advisable to store sensitive personal data separately from other personal data, e.g. Is only a birthday personal identifiable information? Data related to the deceased are not considered personal data in most cases under the GDPR. Given that more than a year has passed since the European Unions General Data Protection Regulation (GDPR) was implemented, on the 25th May 2018 to be precise, most businesses are aware that they have a legal obligation to protect any personal data which they process. Depends on the context though. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. Common means of identifying someone may include, for example: name date of birth identification numbers bank details addresses, including email addresses Scenario 2: in an office, there's a publicly visible calendar on the wall with the birthdays of all staff members. There are also legal complicationswhen you rely on consent. Bye, Thanks for good article this would help us to better protect our users and better understand everything about GDPR, So as two pieces of personal date cant be placed together would this include for a nursery the childs name and photo?? If you rely on consent, the consent mechanisms used should be reviewed to ensure they meet the higher threshold under the GDPR. Or would you be able to have this. If theindividual withdraws consent, youare legally required to remove their records from your database. If you want to make sure processing is compliant, contact your supervisory authority and make sure you get acquainted with the regulation and laws governing the area of your interest to meet additional conditions. You can find out more about the differences between personal data and sensitive personal data by taking our Certified GDPR Foundation Self-Paced Online Training Course. Is it possible for non-EU companies to avoid GDPR regulatory issues through filters and firewalls? Sensitive data may be processed, if it is crucial to protect the vital interests of the data subject or of another individual, and the data subject is physically or legally incapable of giving consent. Special categories of personal data include sensitive personal data, such as biometric and genetic information that can be processed to identify a person. He obviously knows that criteria are more meaningful than a bare 'yes' or 'no', which is why he asks for the source as well. @Greendrake If the OP had in mind only a relatively small group of people, I am confident he will discern the extent to which the criteria in this answer are applicable to his general question. Processing of sensitive personal data is possible if the data subject has given explicit consent to the processing of those data. Data processing is necessary for the establishment, exercise, or defense of legal claims or whenever courts are acting in their judicial capacity. . God Bless you man. Processing in the name of public health has to be based on the EU or Member State law with appropriate measures and safeguards to protect the rights and freedoms of the data subject, in particular, professional secrecy. Businesses may face enforcement action, fines, reputational damage and loss of trade. International data transfers: upcoming changes for UK businesses, European Commission publishes draft UK adequacy decision following Brexit. Quick and efficient way to create graphs from a list of list. HIPAA Advice, Receive weekly GDPR news directly via email, GDPR News Connect and share knowledge within a single location that is structured and easy to search. However, where the name is combined with other information (such as an address, a place of work, or a telephone number) this will usually be sufficient to clearly identify one individual.. At least HR would also have the birthday for all staff members on file, so that the company clearly has the means to identify anyone. Stack Exchange network consists of 182 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. When going through the list of what is considered to be sensitive personal data, there are new terms being introduced and therefore need further clarification: According to Recital 51, photographs are considered biometric data only when they are processed with a specific means that allow the unique identification of a person in the photo, despite the fact that photography can reveal someones racial identity or other sensitive information. GDPR's definition of personal data is somewhat similar to the regular definition. In certain circumstances, this could include anything from someones name to their physical appearance. Identify whether your organisations' conditions for processing have an effect on individuals' rights. The examples are: Personal data revealing racial or ethnic origin; Health and genetic data including mental health and treatments I wonder if only a birthday is seen as personal identifiable information according to the GDPR, so no usernames, passwords, emails, phone numbers are present in the system. Overall there is not much difference between the two legal texts so for brevity we'll refer solely to GDPR.
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