Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. 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. 79 GDPR – Right to an effective judicial remedy against a controller or processor, Art. Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph thereof … 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. It also addresses the transfer of personal data outside the EU and EEA areas. 24 GDPR – Responsibility of the controller, Art. Paragraph 1 shall not apply if one of the following applies: the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects; processing relates to personal data which are manifestly made public by the data subject; processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3; processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with. 49 GDPR – Derogations for specific situations, Art. 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. 86 GDPR – Processing and public access to official documents, Art. 1. Designed to increase data privacy for EU citizens, the regulation levies steep fines on organizations that don’t follow the law. 56 GDPR – Competence of the lead supervisory authority, Art. 44 GDPR – General principle for transfers, Art. 30 GDPR – Records of processing activities, Art. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data … 48 GDPR – Transfers or disclosures not authorised by Union law, Art. someone under the age of 16) and his/her 1 GDPR – Subject-matter and objectives, Art. (54) Processing of sensitive data in public health sector GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. 88 GDPR – Processing in the context of employment, Art. Article 9 Processing of special categories of personal data. GDPR compliance is easier with encrypted email. 82 GDPR – Right to compensation and liability, Art. All Rights Reserved. 94 GDPR – Repeal of Directive 95/46/EC, Art. OJ L 127, 23.5.2018 as a neatly arranged website. 41 GDPR – Monitoring of approved codes of conduct, Art. The lawful bases for processing are set out in Article 6 of the GDPR. 34 GDPR – Communication of a personal data breach to the data subject, Art. 77 GDPR – Right to lodge a complaint with a supervisory authority, Art. This is the English version printed on April 6, 2016 before final adoption. 33 GDPR – Notification of a personal data breach to the supervisory authority, Art. 29 GDPR – Processing under the authority of the controller or processor, 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. 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 … 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. By special category data means data that needs more protection than regular data. 68 GDPR – European Data Protection Board, Art. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. Therefore, Art. 9. 35 GDPR – Data protection impact assessment, Art. Nothing found in this portal constitutes legal advice. The europa.eu webpage concerning GDPR can be found here. 85 – 89) GDPR Article 85; GDPR Article 86; GDPR Article 87; GDPR Article 88; GDPR Article 89; GDPR Article 90; GDPR Article 91; Chapter 10 (Art. 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… 98 GDPR – Review of other Union legal acts on data protection, Art. GDPR Article 83; GDPR Article 84; Chapter 9 (Art. Welcome to gdpr-info.eu. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations, (46) Vital interests of the data subject 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Art. Article 9: Processing of Personal Categories of Personal Data. The most relevant Article 6 grounds are likely to be: “vital interests”: the processing is necessary in order to protect the vital interests of the data subject or of another natural person. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). 10 GDPR - Processing of personal data relating to criminal convictions and offences. For example, where an information society service is offered to a child (i.e. To date, the ICO has treated the equivalent provision in the directive as encompassing potential future claims. 99 GDPR – Entry into force and application, Art. In addition, you can only process special category data if you can meet one of the conditions in Article 9 of the GDPR, together with any associated DPA Schedule 1 conditions where required. Right to Erasure Request Form 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. (56) Processing personal data on people’s political opinions by parties. Data protection in the time of the coronavirus is a tricky proposition. 50 GDPR – International cooperation for the protection of personal data, Art. Privacy Policy. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. 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. ... Data processors are only liable if they go against the express instructions of the data controller or breach the GDPR Articles that specifically affect processors. 7 GDPR – Conditions for consent Art. 87 GDPR – Processing of the national identification number, Art. 18 GDPR – Right to restriction of processing, Art. We use cookies to ensure that we give you the best experience on our website. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. This article regulates the processing of special category data. The former EU Data Protection Directive (Directive 95/46/EC) made no mention of biometric data. 95 GDPR – Relationship with Directive 2002/58/EC, Art. Data Processing Agreement The concept of consent as used in the Data Protection Directive (hereafter: Directive 95/46/EC) and in the e-Privacy Directive to date, has evolved. processing is necessary to protect the vital interests of the data subject or of another natural person … 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. 22 GDPR – Automated individual decision-making, including profiling, 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. 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. 1Processing 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; processing is necessary for the performance of a contract to which the data subject is party … Continue reading Art. Behandling af særlige kategorier af personoplysninger 1. The GDPR's Article 9, which prohibits processing of special categories of personal data (including biometric and health data) without explicit consent, also has similar exceptions, including where processing is necessary: 54 GDPR – Rules on the establishment of the supervisory authority, Art. to inform and advise the controller or the processor and the employees who carry out processing of … We are a consulting company specialised in the fields of data protection, IT security and IT forensics. The GDPR provides further clarification and specification of the requirements for obtaining and demonstrating valid consent. 25 GDPR – Data protection by design and by default, Art. The full scope of the exemption remains uncertain. 96 GDPR – Relationship with previously concluded Agreements, Art. 53 GDPR – General conditions for the members of the supervisory authority, Art. 37 GDPR – Designation of the data protection officer, Art. Everything you share online is processed and stored, whether you’re booking a flight or posting a photo on social media. Data controllers, however, are liable for whatever damage their processing causes. These Guidelines focus on these changes, providing practic… 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. Article 9 - Processing of special categories of personal data - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 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 … 15 GDPR – Right of access by the data subject, Art. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. 92 GDPR – Exercise of the delegation, Art. Paragraph 1 shall not apply if one of the following applies: the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects; processing relates to personal data which are manifestly made public by the data subject; processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3; processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with. 45 GDPR – Transfers on the basis of an adequacy decision, Art. © 2020 Proton Technologies AG. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject, Art. 31 GDPR – Cooperation with the supervisory authority, Art. 92 – 93) GDPR Article 92; GDPR Article 93; Chapter 11 (Art. 6 GDPR – Lawfulness of processing With the advent last May of the EU General Data Protection Regulation, biometric data is front and center. Special category data is … ... pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; Article 9 – Processing of special categories of personal data. See a summary of the articles of the GDPR here. (Endorsed by the EDPB) These Guidelines provide a thorough analysis of the notion of consent in Regulation 2016/679, the General Data Protection Regulation (hereafter: GDPR). Article German court cuts 1 & 1 Telecom GDPR fine by 90 percent. 62 GDPR – Joint operations of supervisory authorities, Art. (51) Protecting sensitive personal data 2020-11-16T18:23:00Z. General Data Protection Regulation (GDPR). If you continue to use this site we will assume that you are happy with it. Article 9 — Processing special categories of data . They will come into affect on May 25th 2018. 9 GDPR state that in order to process this type of data, certain requirements have to be met. Article 9 EU GDPR Processing of special categories of personal data. on one of the specific derogations set out under Article 9 to this general prohibition. 91 GDPR – Existing data protection rules of churches and religious associations, 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. Article 9. processing is necessary to protect the vital interests of the data subject or of another natural person … (55) Public interest in processing by official authorities for objectives of recognized religious communities 80 GDPR – Representation of data subjects, Art. 11 GDPR – Processing which does not require identification, Art. 9 GDPR – Processing of special categories of personal data, Art. Remember that in order for your processing to be lawful, you always need to identify an Article 6 basis for processing. They will come into affect on May 25th 2018. The EU General Data Protection Regulation went into effect on May 25, 2018, replacing the Data Protection Directive 95/46/EC. 39 GDPR – Tasks of the data protection officer, Art. This is not an official EU Commission or Government resource. The GDPR superseded the UK Data Protection Act 1998 on 25 May 2018. The processing of personal data of children also warrants particular care under the GDPR. (53) Processing of sensitive data in health and social sector These do not have to be linked. They will come into affect on May 25th 2018. There are 10 conditions for processing special category data in Article 9 of the GDPR. 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. ... referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in Article 63. Artikel 9. 85 GDPR – Processing and freedom of expression and information, Art. 83 GDPR – General conditions for imposing administrative fines, Art. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Processing of special categories of personal data 1. Final text of the GDPR including recitals. We live in a data-driven world. All Articles of the GDPR are linked with suitable recitals. 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. Home Resources Articles GDPR for Dummies: Simple GDPR Guide for Beginners. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. 5 GDPR – Principles relating to processing of personal data, Art. Companies that handle data are responsible for keeping it safe. 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. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Art. 17 GDPR – Right to erasure (‘right to be forgotten’), Art.
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