Processing of special categories of personal data

Art. 9 (1) Organic Law 3/2018 states that the prohibition of processing special personal data cannot be lifted by the data subject’s consent if the main processing purpose is to identify the ideology, trade union membership, religious or philosophical beliefs, sexual orientation or racial/ethnic origin.

Art. 9 (2) Organic Law 3/2018 outlines that the following exceptions in Art. 9 (2) lit. e), g), h), i) of the GDPR:

  • processing related to personal data that are manifestly made public by the data subject,
  • processing necessary for reasons of substantial public interest,
  • processing necessary for the purposes of preventive or occupational medicine, for the assessment of an employee’s working capacity, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to a contract with a health professional, or
  • processing necessary for reasons of public interest in the area of public health

shall only apply if they are supported by national legislation with the level/rank of ‘ley’ (law). That legislation must make additional requirements to safeguard the security and confidentiality of the special data.