Module 2 · Special categories of personal data (Article 9)
Article 9(1) prohibits processing of special-category data unless an exception applies. The categories cover racial/ethnic origin, political opinions, religious/philosophical beliefs, trade-union membership, genetic data, biometric data (for unique identification), health, sex life and sexual orientation. Case C-184/20 extends Article 9 to data liable indirectly to reveal sensitive information. Article 10 governs criminal-conviction data. Special-category status can be subjective/contextual.
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade-union membership
- genetic data
- biometric data processed for the purpose of uniquely identifying a person
- Data concerning health
- Sex life or sexual orientation
Article 9(1) makes processing of these categories prohibited unless an exception applies. Case C-184/20 (CJEU) held that processing any personal data liable indirectly to reveal sensitive information is subject to the Article 9(1) prohibition - significantly expanding Article 9's scope (special category by inference).
Article 10 covers data on criminal convictions and offences: it may be processed only under the control of official authority or when authorised by Union/Member State law with appropriate safeguards; comprehensive criminal registers only under official authority.
Special-category status can be subjective and non-obvious: an X-ray of a broken arm is health data, but a holiday photo of someone with an arm in a cast may NOT be health data - it does not necessarily concern their health.