Special-Category Data (GDPR)
Definition
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, trade-union membership, genetic data, biometric data for unique identification, health data, sex-life data, and sexual-orientation data, all subject to Article 9's default prohibition.
- Legal basis
- GDPR Article 9
- Included categories
- Racial/ethnic origin, political, religious, trade-union, genetic, biometric, health, sex-life/orientation data
- Default rule
- Processing prohibited unless an Article 9 exception applies
- Field
- Biometric privacy law
Common questions
Why does biometric data for unique identification fall under special-category data while other biometric uses may not?+
GDPR Article 9 specifically names biometric data processed for the purpose of uniquely identifying a person, so a biometric measurement used only for a non-identifying purpose is not automatically special-category, while the same data used to match or identify an individual triggers the higher protection tier.
How does the GDPR default prohibition on special-category data affect forensic or law enforcement biometric use?+
Law enforcement processing typically relies on separate legal bases such as the Law Enforcement Directive rather than the general GDPR Article 9 exceptions, but the underlying principle that biometric identification data demands heightened justification and safeguards carries through, shaping how forensic biometric databases must be authorised and secured.
Related terms
- Aadhaar Exclusion (DPDP Act S.17(2))
- Provision that exempts processing covered by the Aadhaar Act 2016 from the general DPDP Act regime, meaning UIDAI biometric data is governed...
- Adequate Country (GDPR Ch. V)
- A country that the European Commission has determined provides a level of data protection essentially equivalent to the EU's. As of mid-2026,...
- Biometric Identifier (BIPA)
- Under Illinois BIPA: a retina or iris scan, fingerprint, voiceprint, or scan of a person's hand or face geometry; distinct from 'biometric...
- Data Fiduciary (DPDP Act)
- Any person who alone or in conjunction with others determines the purpose and means of processing personal data; the DPDP Act equivalent...
- Data Protection Impact Assessment (DPIA)
- A structured risk assessment required under Article 35 before any processing that is likely to result in high risk to individuals' rights...
- Explicit Consent (GDPR)
- A higher consent standard required for special-category data processing under Article 9(2)(a): must be freely given, specific, informed, and involve an explicit...
- Per-Violation Damages (BIPA)
- BIPA's statutory damages structure: USD 1,000 per negligent violation or USD 5,000 per intentional/reckless violation; confirmed by Cothron v. White Castle (2023)...
- Real-Time Remote Biometric Identification (RTBI)
- As defined in the EU AI Act: automated identification of natural persons at a distance by comparing their biometric data to those...
- Standard Contractual Clauses (SCCs)
- Pre-approved contract terms issued by the European Commission that create GDPR-compliant safeguards for cross-border data transfers to countries without an adequacy decision....