Lawful processing conditions for special category data

Summary

This is ODPA guidance explaining what counts as 'special category data' under Guernsey data protection law and setting out the lawful processing conditions that data controllers must rely on before processing it. It defines special category data as a more sensitive subset of personal data that requires greater protection, and lists the legal conditions that can justify processing it.

• Special category data includes: racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership, genetics, biometrics, health, sex life, and criminal behaviour (allegations and convictions)
• Lawful conditions for processing: explicit consent, vital interests, public domain, enactment, court order or judgement, health or social care purpose, public health, legal proceedings or legal advice, administration of justice or Crown function, law enforcement, not-for-profit organisational purposes, historical or scientific purposes, equal opportunity, or authorisation by regulation or other enactment

Controllers processing special category data must identify and document at least one of these conditions before doing so; the guidance also references a printable version and accompanying tables for further detail on the regulation or enactment condition.

Key obligations

• Controllers must identify and satisfy at least one listed lawful processing condition before processing special category data
• Controllers must document which condition they are relying on for processing special category data

Applies to

data controllers, organisations processing personal data