Processing of special categories of personal data shall be prohibited, except for cases presented in paragraph 2 of article 9 of the GDPR.
The special categories of personal data are:
- data revealing racial or ethnic origin;
- data revealing political opinions;
- data revealing religious beliefs;
- data revealing philosophical beliefs;
- data revealing trade union membership;
- 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.
GDPR, article 9, no. 2:
The prohibition to process special categories of personal data 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 Article 89(1) based on 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."
GDPR, article 9, no. 3:
"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."