Key Concept 2 — Sensitive Data

Some data can cause serious harm if misused — the law protects it more strictly.

Sensitive data (also called special categories of personal data) can lead to discrimination, exclusion or other serious harm. The categories differ between laws, so always check your local list.

What is typically sensitive

  • Health data, including sick notes, disabilities and vaccination status
  • Racial or ethnic origin, religious and political beliefs
  • Trade union membership, sexual life and orientation
  • Genetic and biometric data, e.g. fingerprints for time recording
  • Often treated with similar care: criminal records, financial data, national ID numbers and data about children

What this means in practice: stricter conditions such as explicit or written consent, stronger security, access only for those who need it, and in many laws a risk assessment before you start.

Sensitive data in your jurisdiction

Spain
  • Racial or ethnic origin
  • Political opinions
  • Religious or philosophical beliefs
  • Trade union membership
  • Genetic data
  • Biometric data used to identify a person
  • Health data
  • Sex life or sexual orientation

Special categories of personal data (Art. 9 GDPR). Processing is prohibited unless one of the listed exceptions applies, e.g. explicit consent. Criminal convictions and offences are protected separately (Art. 10 GDPR).