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What is considered to be sensitive personal data?

Published in Sensitive Personal Data 3 mins read

Sensitive personal data refers to specific categories of personal information that are considered particularly private and carry higher risks if misused, requiring stronger legal protections due to their potential to cause significant harm, discrimination, or distress to an individual.

Understanding Sensitive Personal Data

This type of data reveals intimate details about a person, making it subject to strict rules regarding its collection, processing, and storage. The heightened sensitivity is due to the potential for misuse, which could lead to discrimination, financial loss, reputational damage, or other significant risks.

For instance, information revealing a person's genetic data or biometric data processed solely to identify a human being falls into this category. This also includes health-related data, which can provide insights into an individual's physical or mental well-being, and data concerning a person's sex life or sexual orientation, which are deeply personal aspects of an individual's identity.

Beyond these, other types of data are commonly recognized under this classification due to their profound implications for individual privacy and rights.

Key Categories of Sensitive Personal Data

The following table outlines the principal types of data typically considered sensitive:

Category Description
Racial or Ethnic Origin Information revealing a person's ancestry, race, or ethnic background.
Political Opinions Data concerning an individual's political beliefs, affiliations, or voting preferences.
Religious or Philosophical Beliefs Information about a person's spiritual, ethical, or philosophical convictions.
Trade Union Membership Data indicating an individual's affiliation with or membership in a trade union.
Genetic Data Inherited or acquired genetic characteristics that provide unique information about the physiology or health of a natural person.
Biometric Data Physical, physiological, or behavioral characteristics (e.g., fingerprints, facial scans) that allow for unique identification of a natural person, when processed solely to identify a human being.
Health-related Data Any information concerning the physical or mental health of a natural person, including the provision of health care services, which reveals information about their health status.
Sex Life or Sexual Orientation Data Information related to a person's sexual activities, preferences, or identity.

Why Is This Data Specially Protected?

The classification of certain data as "sensitive" mandates enhanced safeguards and often requires explicit consent or a specific legal basis for its processing. This is because:

  • Higher Risk of Discrimination: Misuse could lead to discrimination in employment, housing, insurance, or access to services.
  • Potential for Social Stigma: Revealing certain sensitive information could expose individuals to social ostracism or prejudice.
  • Fundamental Rights: This data touches upon fundamental rights and freedoms, such as the right to privacy and non-discrimination.

Organisations handling such data must implement robust security measures, conduct thorough data protection impact assessments, and often appoint data protection officers to ensure compliance with strict privacy regulations.