Special Category Data

Special Category Data

Special category data is personal data that is more sensitive and therefore requires additional protection. 

Special category personal data is information relating to:

  • racial or ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade union membership
  • genetic or biometric data processed for the purpose of identification
  • health
  • sex life or sexual orientation

In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9.

The conditions for processing special category data under Article 9 are:

(a) Explicit consent

(b) Employment, social security and social protection (if authorised by law)

(c) Vital interests

(d) Not-for-profit bodies

(e) Made public by the data subject

(f) Legal claims or judicial acts

(g) Reasons of substantial public interest (with a basis in law)

(h) Health or social care (with a basis in law)

(i) Public health (with a basis in law)

(j) Archiving, research and statistics (with a basis in law)

Additional conditions and safeguards must be met when relying on conditions (b), (g) (h), (i), or (j) as set out in UK law in Schedules 1 and 2 of the Data Protection Act 2018.

Further guidance on lawfully processing special category personal data can be found on the Information Commissioner's Office (ICO) website.