GDPR’s Special Categories of Personal Data
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This sort of data, typically known as touchy information ,
belongs to a unique class of information, which due to its have an effect on on
privacy calls for extra safety than different private records.
This special safety is justified via the truth that, because
of the records to which this sort of facts refers, the flawed treatment of the
equal, in addition to adverse the fundamental proper to information safety, may
want to harm different essential rights.
They are regulated in article 7 of the LOPD, and are divided
into three businesses:
1. Those that screen the ideology, union association,
religion and beliefs of a natural character.
2. Those that confer with racial foundation, fitness and sexual
existence.
3. Those regarding the fee of crook or administrative
offenses.
Processing of data related to ideology, union affiliation,
religion and ideals
The epigraph 1 of article 7 of the LOPD remembers the
mandate contained in article 16.2 of the Spanish Constitution , that nobody can
be compelled to declare approximately their ideology, faith or beliefs, adding
that, whilst the consent of the interested celebration is acquired For its
remedy, it ought to be warned about its right not to offer it. This kind of
records requires the express and written
consent of the affected birthday celebration in order to be processed
and eventually transferred.
The need for explicit and written consent of the fascinated
party is excepted in the remedy of documents maintained through political
events, unions, church buildings, confessions or non secular communities and
institutions, foundations and different non-earnings entities, whose cause is
political, philosophical, non secular or union, concerning the records related
to its buddies or contributors.
However, the switch of stated facts will always require the
earlier consent of the affected celebration.
Treatment of facts related to racial beginning, health and
sexual lifestyles
This form of statistics is regulated in epigraph 3 of
article 7 of the LOPD , and can most effective be collected, processed and
transferred while, for reasons of standard interest, so furnished by means of
law or the affected celebration expressly consents.
This kind of records requires, not like the preceding ones,
an specific consent of the affected individual so as to be subject to treatment
and its next switch.
Data related to crook or administrative offenses
This type of records may best be covered in files of the
competent public administrations inside the instances furnished for inside the
respective regulatory standards. They are regulated in phase five of article 7
of the LOPD .
The crook statistics are recorded within the Central
Registry of Prisoners and Rebels , which relies upon at the Ministry of
Justice, and the disciplinary complaints in the subject of the competent
Administrations will rely upon the hobby in query.
Prohibition of certain files
The epigraph 4 of article 7 of the LOPD establishes
absolutely the prohibition of the advent of documents with the sole reason of
storing private records that display the ideology, union association, religion,
ideals, racial or ethnic origin, or sexual life.
Health data
Due to the significance of this type of information, it's
miles essential to carry out a more special evaluation of them. As formerly
analyzed, this form of information falls inside the class of specifically
blanketed facts, and might simplest be amassed, processed and transferred when
for motives of wellknown hobby so supplied with the aid of a Law or the
affected celebration expressly sees eye to eye.
They may be described as records regarding the past, gift
and future, bodily and mental health of an man or woman. In specific, records
associated with people's fitness are the ones regarding their percentage of
incapacity and their genetic facts.
However, article 7.6 of the LOPD establishes as an exception
to this kind of consent, those treatments which are important for the
prevention or medical diagnosis, the availability of health care or clinical remedies
or the management of fitness offerings, furnished that stated treatment is
achieved by way of a healthcare expert subject to professional secrecy or
through any other man or woman situation to an equal duty of secrecy.
This identical exception will apply while the processing of
specifically included statistics is important to safeguard the vital hobby of
the affected individual or any other person, inside the event that the affected
individual is physically or legally incapable of giving such consent.
This circumstance derives from the logical prevalence of the
proper to life over the proper to records protection. To conclude with this
segment, it's far handy to mention Law 41/2002, of November 14 , regulating
fundamental affected person autonomy and rights and obligations concerning
records and clinical documentation, which regulates in its articles 8 and 9, of
the knowledgeable consent.
