Is it possible to process sensitive data?

No, the processing of sensitive data is generally prohibited, except under very specific circumstances:

  • The individual has given their explicit consent for their sensitive data to be processed.
  • The processing of sensitive data is necessary for the data controller to fulfil their obligations, specifically in the context of employment, social security and social protection. For example, the data controller may need to process a person’s sensitive data to be able to determine if they are entitled to certain social security benefits or employment stipends.
  • The processing of sensitive data is necessary to protect the vital interests of a person where the individual is physically or legally incapable of giving consent. For example, if an individual is left unconscious as a result of an accident and requires immediate medical care, their health data may need to be processed for the appropriate medical care to be delivered.
  • The processing of sensitive data is carried out in the context of the legitimate activities of a foundation, association or other non-for-profit organisation with a political, philosophical, religious or trade union aim, and only for the processing of the personal data of their members, former members or persons having regular contact with them.
  • The sensitive data was manifestly made public by individual.
  • The processing of sensitive data is necessary in the context of legal proceedings.
  • The processing of sensitive data is necessary for matters of substantial public interest.
  • The processing of sensitive data is necessary in the context of preventive or occupational medicine. For example, assessing an individual’s sensitive data, such as their medical data, may be necessary to determine their working capacity as an employee.
  • The processing of sensitive data is necessary for matters of public health on the basis of EU or national law. For example, processing individuals’ sensitive data may be necessary to ensure a high quality of health care and a high quality of medical products, or to combat serious health threats, such as viruses.
  • The processing of sensitive data is necessary for matters of archiving purposes in the public interest, or for scientific or historical  research purposes, or statistical purposes. For example, processing sensitive data may be necessary to provide accurate statistics on a country’s situation in a particular field. 

 

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