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What are special personal data?

Article 9 GDPR: processing of special categories of personal data.

Article 9 paragraph 1 GDPR: ”Processing of personal data revealing race or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and processing of genetic data (Article 4 paragraph 13 GDPR), biometric data (Article 4 paragraph 14 GDPR) for the purpose on the unique identification of a person, or data about health (article 4 paragraph 15 GDPR), or data related to someone’s sexual behavior or sexual orientation are prohibited.”

Article 9 paragraph 2 AVG: unless the data subject has given explicit permission for the processing of that personal data or there is another basis available.

Recital 51: Personal data, which by their nature are particularly sensitive with regard to fundamental rights and freedoms, deserve specific protection as the context of their processing may pose significant risks to fundamental rights and freedoms.