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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....

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