It is permissible to process sensitive personal data of a data subject if the data subject has already made the data public and accessible. No, sensitive data is special category data under article 9 of GDPR and as such, differs from personal data in terms of process requirements. Identify the lawful basis for personal data processing in your particular case and make sure your processing is done according to the GDPR principles. Sensitive data can also be processed if it is in the public interest, in the field of employment law, social protection law including pensions and for health security, monitoring, and alert purposes, the prevention or control of communicable diseases, and other serious threats to health. Eoin has moved from practicing law to teaching. Or if it is necessary for carrying out the obligations related to employment, social security, and social protection law. @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. It is advisable to store sensitive personal data separately from other personal data, e.g. Article 4(1) of the GDPR defines personal data in the following way; personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;. Is it OK to check indirectly in a Bash if statement for exit codes if they are multiple? Site design / logo 2022 Stack Exchange Inc; user contributions licensed under CC BY-SA. If theindividual withdraws consent, youare legally required to remove their records from your database. 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. This identifying information is at risk because it can be used or manipulated to breach privacy or forecast their intentions. Some examples to illustrate my views: Scenario 1: you are collecting statistical data in a shopping mall and are collecting birthdays from passer-bys, without any additional information. Here you can find the official content of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version. Biometric data (where processed to uniquely identify someone). Mobile app infrastructure being decommissioned. Therefore, a birthdate is useless for identifying a natural person. We still need to wait and see how this legal definition will be interpreted in practice. Data processing is necessary for the establishment, exercise, or defense of legal claims or whenever courts are acting in their judicial capacity. 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. Table of Contents The GDPR And Personal Data He obviously knows that criteria are more meaningful than a bare 'yes' or 'no', which is why he asks for the source as well. This is a modified concept. In addition to complying with all six data protection principles (please see our briefing on GDPR: Data Protection Principles), when processing personal data a data controller must also satisfy at least one processing condition. For instance, date of birth or national insurance (social security number). These categories are: Discover more about the GDPR in our free green paper, EU General Data Protection Regulation A Compliance Guide. 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. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site, Learn more about Stack Overflow the company. When processing sensitive personal data, the first thing is making sure that there is no other way to achieve the desired goal that would be less intrusive on the sensitive personal data of the individual. To learn more, see our tips on writing great answers. Eoin P. Campbell is an honours law graduate (LL.B) from Queen's University Belfast and is a qualified solicitor. Why does the sentence uses a question form, but it is put a period in the end? We will be covering individuals' rights later in this series. The processing of sensitive data is allowed if there is a considerable public interest at stake. Proposed changes to the legal safeguards for exports of personal data from the UK have been laid before Parliament for approval, to come into force on 21 March 2022. As the list above shows,consent is only oneoption, and thestrict rules regardingthe way you obtain and maintain itmeanitsgenerally the least preferable option. But if you have a name and a picture, you can identify that person.) article 4 (1) of the gdpr defines personal data as 'any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online Asking for help, clarification, or responding to other answers. Some personal data, processing which can create significant risks to the fundamental rights of the individual, is considered as sensitive GDPR personal data. An individual is 'identified' or 'identifiable' if you can distinguish them from other individuals. The GDPR exists to protect our personal data on all levels. He has a masters degree in Critical Theory and Cultural Studies, specialising in aesthetics and technology. This depends not just on what the information is, but how the information is used. It states: When relying on consent as processing grounds, businesses and public bodies must be aware that they require explicit consent in order to process sensitive personal data. GDPR Training Course compliancejunction.com with you (not that I really would want toHaHa). Of course, there are certain exemptions to the rule. What is the effect of cycling on weight loss? (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. The inclusion of genetic and biometric data is new. A version of this blog was originally published on 9 February 2018. Eoin is currently lecturing in law at two universities in Lyon, France, including a master's degree course in cyberlaw. as when combined can allow for idenitifcation of a person. 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. The email address indicates that there is only one John Doe employed at Big Company, identifying the person in question. Stack Overflow for Teams is moving to its own domain! If you can not find an appropriate exception for your case, then you will not be able to process sensitive data. GDPR (General Data Protection Regulation), Certified GDPR Foundation Self-Paced Online Training Course, Cyber Attacks and Data Breaches in Review: October 2022, What You Need to Know About ISO 27001:2022. What's changed? Encryption also obscures information by replacing identifiers with something else. (In other words, a picture by itself doesnt tell you who a person is. Our data protection lawyers deliver straightforward, commercial advice to help our clients ensure compliance with data protection regulation. Businesses and public bodies often collect and hold numerous pieces of information relating to their data subjects. 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. The best answers are voted up and rise to the top, Not the answer you're looking for? Scenario 2: in an office, there's a publicly visible calendar on the wall with the birthdays of all staff members. In reality, consent is one of six recognised legitimate grounds for the processing of personal data. The processing conditions are: The grounds for processing personal data under the GDPR broadly replicate those under the DPA. 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. Quick and efficient way to create graphs from a list of list. While remaining largely the same, there are some changes to the conditions for processing personal data and sensitive personal data. In these cases, appropriate measures need to be implemented to protect both the name and the photograph. In certain circumstances, this could include anything from someones name to their physical appearance. This implies that many, many people have the same birthdate (and even more people have the same birthday). It is important, therefore that any company or body which processes personal data is fully aware of its obligations under GDPR. (This doesn't mean such a public calendar is illegal, just that there must be a legal basis.). Like all forms of personal data, when stored on a laptop or other personal device, the file should be en encrypted and/or pseudonymised. Processing of sensitive personal data is possible if the data subject has given explicit consent to the processing of those data. Connect and share knowledge within a single location that is structured and easy to search. Legal claims or judicial acts Data processing is necessary for the establishment, exercise, or defense of legal claims or whenever courts are acting in their judicial capacity. Is throw-away-the-key-encryption allowed under GDPR? Review the conditions on which your organisation processes personal data and sensitive personal data. Such information might pertain to the following: It is advisable to store sensitive personal data separately from other personal data, e.g. Many of us do not know the names of all our neighbours, but we are still able to identify them.. Biometric data (in circumstances where it is processed to uniquely identify an individual). Scenario 2: in an office, there's a publicly visible calendar on the wall with the birthdays of all staff members. (Article 5(1)b GDPR) must be respected. One of the most common GDPR misconceptions is that every organisation needs to obtain consent in order to process personal data. I think that a birthday of an identifiable person will almost always relate to that person. Identify whether your organisations' conditions for processing have an effect on individuals' rights. Businesses may face enforcement action, fines, reputational damage and loss of trade. Overall there is not much difference between the two legal texts so for brevity we'll refer solely to GDPR. LWC: Lightning datatable not displaying the data stored in localstorage. whether this information is about that person. There are certain articles in the GDPR that regulate sensitive personal data. International data transfers: upcoming changes for UK businesses, European Commission publishes draft UK adequacy decision following Brexit. Youll learn about the six data protection principles, the rights of data subjects, the ways in which you can protect personal data and the steps you must take if a breach occurs. The GDPR also states that the Member States can add further specific conditions and limitations for genetic, biometric, or health data. Human error is not considered an adequate excuse for non-compliance and the negligent party can still face penalties. When the migration is complete, you will access your Teams at stackoverflowteams.com, and they will no longer appear in the left sidebar on stackoverflow.com. Whether a person is identifiable depends on the means of identification that are reasonably likely to be used, taking into account the cost and effort of these means (Recital 26). rev2022.11.3.43005. If you process substantial amounts of genetic, biometric or health data, pay attention to national developments as Member States have a right to impose further conditions on the grounds set out in the GDPR. Check Article 9 and identify which of the 10 possible exemptions for processing sensitive personal data apply to your case. See the definition of "personal data", article 4(1) of the GDPR. GDPR: Is only a birthday personal identifiable information? This means that you are e.g. Personal data is information that relates to an identified or identifiable individual. Best way to get consistent results when baking a purposely underbaked mud cake, Fourier transform of a functional derivative. The definition of personal data is modified and simplified, and the definition of sensitive personal data is retained and extended to cover genetic data and biometric data. Check with your supervisory authority to find out if there are any additional limitations if you are processing genetic data, biometric data, or data concerning health. Luke Irwin is a writer for IT Governance. Is it GDPR-compliant to require *public* publishing of personal info as condition for access to a service? The information gathered may be considered personal data under GDPR if it can be compiled in such a way as to identify a probable data subject. 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. The term is defined in Art. Definition under the Data Protection Act 1998 (DPA): data which relate to a living individual who can be identified: (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller; and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. Any information This element is very inclusive. However, the processing should be permitted by law, and proportionate to the goal that is pursued. In all cases, adequate safeguards for the protection of fundamental rights and interests of the data subject have to be present. For example,say you neededsomeones personal data to fulfil a contract, but you used consent instead of the contractual obligationprovision. All Articles of the GDPR are linked with suitable recitals. Like all forms of personal data, when stored on a laptop or other personal device, the file should be en encrypted and/or pseudonymised. It includes "objective" information, such as an individual's height, and "subjective" information, like employment evaluations. in a locked drawer or cabinet. Learn how your comment data is processed. Definition under the DPA: personal data consisting of information as to: (a) the racial or ethnic origin of the data subject; (c) his religious beliefs or other beliefs of a similar nature; (d) whether he is a member of a trade union; (e) his physical or mental health or condition; (g) the commission or alleged commission by him of any offence; or. The term 'personal data' is the entryway to the application of the General Data Protection Regulation (GDPR). Required fields are marked *. What exactly is the correct definition of personal data for the purposes of the GDPR however? 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