This has also been acknowledged by the WP29 (Opinion 06/2014, pp. Companies use potentially “innocent” data (some of which are freely available in the public domain) to make distinctions between individuals which are sensitive. The GDPR is based on the accountability principle, which requires companies to be accountable ex-post rather than a system whereby compliance is verified ex-ante by supervisory authorities. The General Data Protection Regulation (GDPR) applies to the processing of personal data wholly or partly by automated means as well as to non-automated processing, if it is part of a structured filing system. These do not have to be linked. 9 GDPR – Processing of special categories of personal data; Art. Develop the skills to design, build and operate a comprehensive data protection program. Conversely, there are numerous examples where special categories of data are not sensitive when they are used for the purpose for which they have been collected, which means there is no need for a stricter regime. The WP29 accommodates the ground of consent by specifying that the principles of Article 6 of the Directive are applicable (personal data must be processed fairly and lawfully, and the requirements of necessity and proportionality apply) (Opinion 06/2014, p. 13): “... obtaining consent does not negate the controller’s obligations under Article 6 with regard to fairness, necessity and proportionality, as well as data quality. The GDPR covers the processing of personal data in two ways: personal data processed wholly or partly by automated means (that is, information in electronic form); and personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (that is, manual information in a filing system). According to examples mentioned in the GDPR, the following are considered privacy-related Personal Data: Data Subjects in the context of GDPR exist in different categories: Customers (contact persons/representatives), Prospects (contact persons/representatives), Suppliers (contact persons/representatives). It will no longer be sufficient to have a legal basis for the processing of special categories of data, such as consent or performance of a specific agreement. © 2020 International Association of Privacy Professionals.All rights reserved. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data … The hub of European privacy policy debate, thought leadership and strategic thinking with data protection professionals. The free tool “equips privacy officers with the resources necessary to understand, assess and develop a plan for complying with the EU General Data Protection Regulation,” the report states. Use the Vendor Demo Center, Privacy Vendor List and Privacy Tech Vendor Report to easily identify privacy products and services to support your work. 30 GDPR Records of processing activities. However, you always need to ensure that when you are processing other types of data, it is fair and meets other GDPR requirements (including the separate rules on criminal offence data). The logical interpretation would be to apply the consultation requirement only when the processing, after mitigating measures have been taken, still poses a high risk to individuals. The GDPR, in fact, introduces the legitimate interest test for processing special categories of data through the back door. Practice shows that the same data may be sensitive in one context but not in another (particularly where data are combined). Processing Special Categories of Data The GDPR sets out the principle that the SCD is more sensitive, and as a consequence requires additional protection when being processed. Looking for a new challenge, or need to hire your next privacy pro? The regime for processing special categories of data has not changed, or has it? By implementing this legal requirement for recordkeeping, the GDPR is ensuring that all companies dealing with personal information in the EU can be held accountable for keeping personal data safe. The General Data Protection Regulation (GDPR) offers a uniform, Europe-wide possibility for so-called ‘commissioned data processing’, which is the gathering, processing or use of personal data by a processor in accordance with the instructions of the controller based on a contract. In this case, the legitimate interest test would not be applied. In light of the shortcomings discussed above and the additional requirements introduced by the WP29, the effectiveness and legitimacy of the GDPR would have been served by abolishing the separate regime for special categories of personal data. Financial Accounting 3. email database 4. The IAPP Job Board is the answer. Access all reports published by the IAPP. IAPP members can get up-to-date information right here. The GDPR does not say that “large scale processing” as such is subject to the DPIA requirement. The General Data Protection Regulation is set to replace the Data Protection Directive 95/46/ec effective May 25, 2018. The GDPR is directly applicable in each Member State and will lead to a greater degree of data protection harmonization across EU nations. Categories of (sensitive) Personal Data under the GDPR The entire General Data Protection Regulation (GDPR) revolves around the protection of personal data, how personal data can be used and so forth. One example provided by the ICO of processing that may not be captured by this ground is the processing of special categories of data for the purposes of carrying out an occupational health assessment. Learn more today. Knowliah’s technology automatically detects Data Subjects and related Personal Data in databases, file servers and e-mail servers, by means of standard and custom connectors for each information object (document, e-mail, record),after which it is able to process, govern, protect and audit where necessary. Any other interpretation of the DPIA requirement in the GDPR would flood supervisory authorities with endless notifications, which they are not likely to be able to review. For example, one of the grounds for data processing included in Article 7 is “the performance of a contract.” With regard to the special categories of data in Article 8, the contracts are more specific (but the test would not produce a different result). According to the General Data Protection Regulation (GDPR) Article 30, records of processing activities (RoPAs) must include significant information about data processing, including: data categories, the group of data subjects, the purpose of the processing and; the data recipients. Click here to read more about Knowliah for GDPR. The debate about which categories of data should qualify as special is therefore becoming irrelevant. If you want to comment on this post, you need to login. The shortcomings described above are, to a large extent, offset by the new requirement to perform a Data Protection Impact Assessment (DPIA), when a type of processing is likely to result in a high risk to the rights and freedoms of individuals (note that this is broader than privacy alone), and this is an explicit requirement in the case of large-scale processing of special categories of data (Article 35(3)(b) of the GDPR). Personal data belonging to special categories can be processed if an exception to the prohibition has been provided for in the EU's General Data Protection Regulation (GDPR) or specifically in Union law or national legislation. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA • +1 603.427.9200. Please note that the obligation does not apply to organizations employing fewer than 250 persons, unless the processing is of a high-risk nature, including processing of special categories of personal data such as ethnic or health information, or data about criminal behavior. This FAQs page addresses topics such as the EU-U.S. Privacy Shield agreement, standard contractual clauses and binding corporate rules. Meet the stringent requirements to earn this American Bar Association-certified designation. Need advice? Personal data that relates to criminal offences and convictions aren’t included, but there are separate processing safeguards in place. In effect, that result comes down to the fact that there must be a legitimate interest for processing special data. The conclusion is that the GDPR will not bring the required improvements in terms of legal complexity — quite the contrary. Let’s see how the GDPR works and where the conundrum lies. It would be inappropriate to conclude for instance that the fact that someone has made special categories of data manifestly public under Article 8(2)(e) would be—always and in and of itself—a sufficient condition to allow any type of data processing, without an assessment of the balance of interests and rights at stake as required in Article 7(f) ... ". Article 9 EU GDPR Processing of special categories of personal data. It is also important to be aware that some of the protected characteristics outlined in the Equality Act are classified as special category data. There are two main types of data under the GDPR: personal data and special category personal data. Furthermore, several types of data do not belong to special categories of data according to the law, but are undeniably sensitive because of the potential impact on individuals if the data are lost or stolen. In this respect, the legitimate interest ground, contrary to what is often thought, can actually provide greater privacy protection for individuals. The GDPR empowers data subjects to seek j... After years of working to address Internet-of-Things security concerns, members of U.S. Congress finally passed the Internet of Things Cybersecurity Improvement Act of 2020, which was enacted after it was signed by President Donald Trump Dec. 4. Certification des compétences du DPO fondée sur la législation et règlementation française et européenne, agréée par la CNIL. There are 10 conditions for processing special category data in Article 9 of the GDPR. Examples of processing include: staff management and payroll administration; Get on-demand access to privacy experts through an ongoing series of 70+ newly recorded sessions. Cutting-edge IAPP event content, worth 20 CPE credits. The WP29 in its GDPR action plan has indicated that it will provide guidance on the DPIA requirement as one of four priority subjects. The day’s top stories from around the world, Where the real conversations in privacy happen, Original reporting and feature articles on the latest privacy developments, Alerts and legal analysis of legislative trends, A roundup of the top Canadian privacy news, A roundup of the top European data protection news, A roundup of the top privacy news from the Asia-Pacific region, A roundup of the top privacy news from Latin America. According to the WP29, the grounds in Article 7 apply cumulatively if the protection under Article 8 of the Directive is not as strong. Large scale processing of special categories of data also often requires a balancing of interests and the implementation of adequate safeguards to mitigate its impact on the privacy of the individuals whose data are processed. Create your own customised programme of European data protection presentations from the rich menu of online content. As a consequence, the existing regime — which is based on the processing of a pre-defined set of special categories of data — does not achieve the intended effect. Organisations will need to consider their processing of special categories of personal data for HR purposes on a case by case basis. Art. Please do not hesistate to contact us. It is therefore not surprising that the WP29’s opinion on the legitimate interest test, reveals that the nature of the data actually forms a relevant element when applying the legitimate interest test (Opinion WP29 06/2014, p. 38). organisations will benefit from maintaining their documentation electronically so they can easily add Rather, the use of data may be sensitive. When is the processing of special categories of personal data permitted? 10) is subject to a DPIA. The General Data Protection Regulation, set to come into force in May 2018, is a massive, 200-page document that not only creates many new obligations, but also extends the jurisdiction of the European Union to anyone collecting the data of European citizens. Read this sentence a few times and you will see that it is totally unclear whether the element “in the absence of” means that the supervisory authority must be consulted (i) regardless of the effectiveness of the mitigating measures, therefore also when the mitigating measures would indeed mitigate the risks, or (ii) only if the mitigating measures do not mitigate the risks. Description of the categories of processing carried out on behalf of each responsible person. It would first be important to evaluate whether the processing involves sensitive data, either because they belong to the special categories of data under Article 8 of the Directive, or for other reasons, as in the case of biometric data, genetic information, communication data, location data, and other kinds of personal information requiring special protection”. As technology professionals take on greater privacy responsibilities, our updated certification is keeping pace with 50% new content covering the latest developments. Then there are situations in which regular data suddenly becomes sensitive when it is linked to data that may be indirectly sensitive, such as nationality, country of origin and postcode. We will go over what “personal data” is according to the GDPR. If you are processing special category data, you will need to ensure that you can identify an appropriate condition which applies to your new processing. It’s crowdsourcing, with an exceptional crowd. 15-16): “… it is clear that the policy objective is to provide additional protection for special categories of data. Increasingly, it is becoming unclear whether specific categories of data are sensitive. Consent is an invalid basis to process special categories of personal data if a Member State prohibits the lifting of the prohibition for processing special categories of personal data by an individual in its national legislation, as the GDPR allows it. 7 GDPR – Conditions for consent; Art. The GDPR now treats criminal convictions and offences as a separate data category. The sensitivity of data will often depend on the combination thereof because the data could then be used, for example, to produce convincing phishing emails. Special categories of personal data include sensitive personal data, such as biometric and genetic information that can be processed to identify a person. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. In effect, these additional requirements are being introduced through the back door by means of the DPIA. The GDPR’s consistency mechanisms — encouraging supervisory authorities to cooperate and agree on infringement decisions, empowering t... Nymity has released its GDPR Compliance Toolkit, GlobeNewswire reports in a press release. 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. These grounds consist mainly of the consent of the individual, the performance of specific contracts (e.g., health data may be processed insofar as this is necessary for the performance of an insurance contract), or processing for specific purposes (e.g., racial data may be processed insofar as it is unavoidable in order to identify someone). The IAPP is the largest and most comprehensive global information privacy community and resource. An example is the U.S. data broker Acxiom, which reportedly can identify individuals with a predisposition to diabetes on the basis of their purchasing patterns. Steer a course through the interconnected web of federal and state laws governing U.S. data privacy. For instance, even if the processing of personal data is based on the consent of the user, this would not legitimise the collection of data which is excessive in relation to a particular purpose.”. The specific regime for special categories of data remains in place in Articles 9 and 10 of the GDPR. Understand Europe’s framework of laws, regulations and policies, most significantly the GDPR. The WP29 has been inventive in coming up with extra tests to achieve the right result. What article 35 GDPR says is that large scale processing of special categories of personal data (art. The IAPP is the only place you’ll find a comprehensive body of resources, knowledge and experts to help you navigate the complex landscape of today’s data-driven world. 6 GDPR Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Article 30 of the GDPR refers to the records of data processing that a data controller and data processor need to keep. Customize your own learning and neworking program! If you can understand the shortcomings of the current system and how the Article 29 Working Party has sought to resolve them, then you can detect how these shortcomings have now been addressed in the GDPR and a new changing landscape is revealed. Electronic identification data: IP address, log-in data, cookies, ... Electronic localization data: cell phone, GPS, ... Sound recordings (e.g. You've been subscribed for our newsletter. Gain the knowledge needed to address the widest-reaching consumer information privacy law in the U.S. Subscribe to the Privacy List. Access all surveys published by the IAPP. Companies will have to start implementing it, it is clear that the same data may be sensitive this boils. At IAPP KnowledgeNet Chapter meetings, taking place worldwide Asia Pacific and around the.. Taking place worldwide understand Europe ’ s framework of laws, regulations policies... Data and special category personal data, such as the EU-U.S. privacy Shield agreement, standard contractual and! The top privacy issues in Australia, new Zealand and around the.... Social Security numbers, passport numbers and so on details and medical history not bring required... Biometric and genetic information that can be processed to identify a person,... 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