The following Information Law Q&A Produced in partnership with Shobana Iyer of Swan Chambers provides comprehensive and up to date legal information covering:
This Q&A relates to the exemption set out in Article 9(2)(e) of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), which is broadly similar to the exemption under Article 8(2)(e) of Directive 95/46/EC, the Data Protection Directive, on this basis, guidance that relates to Article 8(2)(e) may still be of use in interpreting the position of this exemption under the GDPR.
A comparison is set out below:
Special categories of personal data are types of personal data which the GDPR specifies as being more sensitive and therefore require more protection. Although special categories of personal data are broadly the same as those in the Data Protection Directive (and the equivalent ‘sensitive personal data’ under the Data Protection Act 1998 (DPA 1998)), there are some changes. For example, the special categories in the GDPR specifically include genetic and biometric data which were processed to uniquely identify an individual. For further clarity on special categories of personal data, see the definition in Article 9(1) of Regulation (EU) 2016/679, GDPR.
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