Special categories of personal data
(Corresponding to the German §22 (1) FDPA)
According to Art. 22(1) of the Law 4624/2019, the processing of special categories of personal data is permitted despite Art. 9 GDPR:
a) for the exercise of rights deriving from social law, insurance and social protection and for the performance of related obligations;
b) for reasons of preventive medicine for the assessment of the work ability of the employee, for medical diagnosis, for the provision or treatment of health or social benefits;
c) for reasons of public interest in the field of public health.
In addition, the processing of special categories of personal data is permitted under the following circumstances:
a) for employment purposes, if it is necessary for the exercise of rights or the performance of legal obligations arising from labor law, social security law and social protection law, and there is no reason to believe that the data subject’s legitimate interest in the exclusion of the processing overrides. (Art. 27 of the Law 4624/2019)
b) for archiving purposes in the public interest (Art. 29 of the Law 4624/2019).
c) for scientific or historical research purposes and for statistical purposes (Art. 30 of the Law 4624/2019).
Exemptions for public bodies
(Corresponding to the German §22 (1) FDPA)
By way of derogation from Art. 9(1) GDPR, the processing of special categories of personal data by public bodies is permitted under Art. 22(2) of the Law 4624/2019, provided that:
a) it is strictly necessary for reasons of substantial public interest;
b) it is necessary to prevent a significant threat to public security;
c) it is strictly necessary to prevent significant harm to the public welfare;
d) it is necessary for humanitarian action.
