Recital - 38.
Special Protection of Children's Personal Data
Executive Summary
The conditions surrounding data collection regarding children are complex. It is a subject best avoided if at all possible.
Recital Text
Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data.Such specific protection should, in particular, apply to the use of personal data of children for the purposes of marketing or creating personality or user profiles and the collection of personal data with regard to children when using services offered directly to a child.The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly to a child.
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Recital - 46.
Vital Interests of the Data Subject
Executive Summary
Special categories of data relate to areas of health, genotype, mental condition and other data which, if disclosed, would cause embarrassment or loss for the data subject. This type of data must be protected with the most formidable data protection tools your organization uses.
Recital Text
The processing of personal data should also be regarded to be lawful where it is necessary to protect an interest which is essential for the life of the data subject or that of another natural person.Processing of personal data based on the vital interest of another natural person should in principle take place only where the processing cannot be manifestly based on another legal basis.Some types of processing may serve both important grounds of public interest and the vital interests of the data subject as for instance when processing is necessary for humanitarian purposes, including for monitoring epidemics and their spread or in situations of humanitarian emergencies, in particular in situations of natural and man-made disasters.
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Recital - 51.
Protecting Sensitive Personal Data
Executive Summary
Special categories of data relate to areas of health, genotype, mental condition and other data which, if disclosed, would cause embarrassment or loss for the data subject. This type of data must be protected with the most formidable data protection tools your organization uses.
Recital Text
Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms.Those personal data should include personal data revealing racial or ethnic origin, whereby the use of the term ‘racial origin’ in this Regulation does not imply an acceptance by the Union of theories which attempt to determine the existence of separate human races.The processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person.Such personal data should not be processed, unless processing is allowed in specific cases set out in this Regulation, taking into account that Member States law may lay down specific provisions on data protection in order to adapt the application of the rules of this Regulation for compliance with a legal obligation or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.In addition to the specific requirements for such processing, the general principles and other rules of this Regulation should apply, in particular as regards the conditions for lawful processing.Derogations from the general prohibition for processing such special categories of personal data should be explicitly provided, inter alia, where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms.
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Recital - 52.
Exceptions to the Prohibition on Processing Special Categories of Personal Data
Executive Summary
Special categories of data relate to areas of health, genotype, mental condition and other data which, if disclosed, would cause embarrassment or loss for the data subject. This type of data must be protected with the most formidable data protection tools your organization uses.
Recital Text
Derogating from the prohibition on processing special categories of personal data should also be allowed when provided for in Union or Member State law and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where it is in the public interest to do so, in particular processing personal data 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.Such a derogation may be made for health purposes, including public health and the management of health-care services, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.A derogation should also allow the processing of such personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
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Recital - 53.
Processing of Sensitive Data in Health and Social Sector
Executive Summary
Special categories of data relate to areas of health, genotype, mental condition and other data which, if disclosed, would cause embarrassment or loss for the data subject. This type of data must be protected with the most formidable data protection tools your organization uses.
Recital Text
Special categories of personal data which merit higher protection should be processed for health-related purposes only where necessary to achieve those purposes for the benefit of natural persons and society as a whole, in particular in the context of the management of health or social care services and systems, including processing by the management and central national health authorities of such data for the purpose of quality control, management information and the general national and local supervision of the health or social care system, and ensuring continuity of health or social care and cross-border healthcare or health security, monitoring and alert purposes, or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, based on Union or Member State law which has to meet an objective of public interest, as well as for studies conducted in the public interest in the area of public health.Therefore, this Regulation should provide for harmonised conditions for the processing of special categories of personal data concerning health, in respect of specific needs, in particular where the processing of such data is carried out for certain health-related purposes by persons subject to a legal obligation of professional secrecy.Union or Member State law should provide for specific and suitable measures so as to protect the fundamental rights and the personal data of natural persons.Member States should be allowed to maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.However, this should not hamper the free flow of personal data within the Union when those conditions apply to cross-border processing of such data.
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Recital - 54.
Processing of Sensitive Data in Public Health Sector
Executive Summary
Special categories of data relate to areas of health, genotype, mental condition and other data which, if disclosed, would cause embarrassment or loss for the data subject. This type of data must be protected with the most formidable data protection tools your organization uses.
Recital Text
The processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject.Such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons.In that context, ‘public health’ should be interpreted as defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council (11) , namely all elements related to health, namely health status, including morbidity and disability, the determinants having an effect on that health status, health care needs, resources allocated to health care, the provision of, and universal access to, health care as well as health care expenditure and financing, and the causes of mortality.Such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties such as employers or insurance and banking companies.
Executive Summary
PII shall be classified in terms of sensitivity to unauthorized disclosure or modification. Special categories of data which should be labeled and require additional protections include children's data, or a data subject's age, gender, religion, ethnicity, medical history or any other data is particularly sensitive to their fundamental rights and freedom.
Article ID: 293
Created: September 27, 2022
Last Updated: September 27, 2022
Author: Matthew Burdick
Online URL: http://www.compliancewiki.org/article/gdpr-processing-of-special-categories-of-personal-data-classification-and-labeling-of-pii-293.html