GDPR Article 9: Special Personal Data Categories and How to Protect Them (2025)

What Is GDPR Article 9?

GDPR Article 9, a section within the European Union General Data Protection Regulation, addresses the processing of special categories of personal data. These data types are considered particularly sensitive and hence require additional protection. Article 9 imposes stricter conditions under which such data can be processed.

Here is how Article 9 defines the special data categories (bullets added for clarity):

• Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership
• Genetic data, biometric data for the purpose of uniquely identifying a natural person
• Data concerning health or data concerning a natural person’s sex life or sexual orientation.

The regulation aims to ensure such data is only processed under stringent conditions, protecting individuals from potential harms, such as discrimination or identity theft.

Understanding Article 9: Processing of Special Categories of Personal Data

General Prohibition

Article 9 establishes a general prohibition on processing special categories of personal data due to their sensitive nature. The default stance is to prevent processing, thereby protecting individuals’ privacy and mitigating risks associated with data misuse. This aligns with the GDPR’s emphasis on the protection of sensitive personal data.

Exceptions to the Prohibition

Despite the general prohibition, Article 9 outlines several exceptions that allow the processing of special categories of personal data under specific circumstances. These exceptions include:

1. Explicit consent: If the data subject has given explicit consent to the processing of their personal data for one or more specified purposes, processing is permitted.
2. Employment and social security: Processing necessary for carrying out obligations and exercising specific rights in the field of employment, social security, and social protection law, provided it is authorized by Union or Member State law.
3. Vital interests: Processing is allowed when necessary to protect the vital interests of the data subject or another person where the data subject is physically or legally incapable of giving consent.
4. Non-profit organizations: Processing carried out in the course of legitimate activities by a foundation, association, or any other not-for-profit body with a political, philosophical, religious, or trade union aim, provided that the processing relates solely to the members or former members of the body.
5. Public data: Data that the data subject has made public themselves can be processed.
6. Legal claims: Processing necessary for the establishment, exercise, or defense of legal claims or whenever courts are acting in their judicial capacity.
7. Substantial public interest: Processing necessary for reasons of substantial public interest, based on Union or Member State law which shall be proportionate to the aim pursued.
8. Healthcare: Processing necessary for medical diagnosis, the provision of health or social care or treatment, or the management of health or social care systems and services, based on Union or Member State law or pursuant to a contract with a health professional.
9. Public health: Processing necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health.
10. Historical, statistical, and scientific research: Processing necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes.

Additional Safeguards and Conditions

When processing special categories of personal data, additional safeguards and conditions must be in place to ensure compliance with GDPR and protect individuals’ rights. These include:

1. Data protection impact assessments (DPIAs): Conducting DPIAs to assess and mitigate risks associated with the processing of sensitive data.
2. Technical and organizational measures: Implementing appropriate technical and organizational measures, such as encryption and pseudonymization, to ensure data security and minimize risks.
3. Limited access: Restricting access to sensitive data to authorized personnel only, ensuring that data is accessed and processed strictly on a need-to-know basis.
4. Regular audits: Performing regular audits and reviews of data processing activities to ensure ongoing compliance with GDPR requirements and identify potential areas for improvement.
5. Data breach notification: Establishing procedures for promptly notifying data protection authorities and affected individuals in the event of a data breach involving sensitive personal data.

Best Practices to Comply with GDPR Article 9

Obtain Explicit Consent

One of the primary methods to comply with GDPR Article 9 is to obtain explicit consent from data subjects before processing their sensitive data. Explicit consent should be informed, unambiguous, and given freely. Organizations need to ensure that consent is documented properly and can be withdrawn easily by the data subject at any time.

This means clearly explaining what data is being collected, why it is being collected, and how it will be used. Failure to obtain explicit consent could lead to significant penalties. Organizations should invest in robust consent management systems to facilitate this process.

Implement Data Minimization

Data minimization involves limiting data collection to only what is necessary for specific, legitimate purposes. By only collecting essential data, organizations can significantly reduce the risk of misuse or unauthorized access to sensitive information. Maintaining minimal data not only simplifies compliance efforts but also enhances overall data protection strategies.

Organizations should regularly review their data collection practices to ensure adherence to data minimization principles. Any data that is no longer needed should be securely deleted. Implementing data minimization helps in meeting legal requirements and reducing the potential impact of data breaches.

Enhance Security Measures

Enhancing security measures is vital for protecting sensitive personal data as outlined in GDPR Article 9. Security measures can include encryption, regular security audits, access controls, and ensuring secure data transfer protocols. Organizations must adopt a comprehensive security framework capable of addressing various threats and vulnerabilities.

Regularly updating and patching software, training employees on security best practices, and implementing multi-factor authentication are additional steps to bolster security.

Ensure Accountability and Documentation

Organizations should maintain detailed records of processing activities, including the purpose, nature, and security measures implemented. This documentation helps demonstrate compliance in case of audits or investigations by regulatory authorities.

Periodic reviews and updates to the documentation ensure that it reflects current processing activities and complies with GDPR requirements. Accountability measures such as appointing a Data Protection Officer (DPO) contribute to systematic oversight and enforcement of data protection policies.

Establish Data Processing Agreements

Establishing data processing agreements (DPAs) with third parties is essential for GDPR compliance. DPAs stipulate the terms, conditions, and responsibilities of each party concerning data processing activities. These agreements ensure that all parties involved adhere to GDPR requirements and maintain consistent data protection standards.

Detailed agreements outline aspects such as data processing purposes, security measures, and audit rights, ensuring transparency and accountability. By crafting comprehensive DPAs, organizations can safeguard sensitive personal data and ensure that third-party processors comply with GDPR standards.

GDPR Compliance with Exabeam

Exabeam helps organizations meet both the technological and operational requirements of GDPR including:

• External Threat Reduction: Exabeam works alongside existing security solutions, using machine learning and behavioral analytics to identify unusual activity that may be indicative of an adversary’s attempt to find and access data. Exabeam threat timelines combine events from anomalies and correlation rules to group events by user or device.
• Internal Threat Reduction: Exabeam works alongside identity and access management solutions to prevent security incidents resulting from the accidental or malicious abuse of allocated permissions. By flagging activity that falls outside the norm for a given user, Exabeam helps to detect potential incidents that could lead to data theft. Ideal log sources mapped to use cases and the MITRE ATT&CK^Ⓡ framework show which tools in the security arsenal can combine to show the clearest picture of events.
• Visualization and Dashboards: Exabeam offers clear compliance-based GDPR Dashboards for easy download, export, or emailing regularly in support of GDPR mandates and the needs of the data privacy officer.