Are Photos special category data?

Special categories of personal data. Photographs could amount to 'special categories of personal data' under GDPR Article 9, because (i) photographs can include biometric data; (ii) photographs could show a person's ethnic origin and/or religious beliefs, depending on the context. Lawful basis of processing.

Are images special category data?

The processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person.

Is a photo considered data?

When photographs disclose race, ethnic origin, or health or disabilities, they qualify as "sensitive" personal data, and will attract an express consent requirement in any case.

What is an example of special category data?

Special categories of personal data

Personal data revealing racial or ethnic origin. Political opinions. Religious or philosophical beliefs. Trade union membership.

What is considered special categories of personal data?

This special data includes race, ethnic origin, health data, genetic data, certain biometric data, information about sex life or sexual orientation, political opinions, religious beliefs, philosophical beliefs, and trade union membership.

Data Protection Webinar Processing Special Category Data

Is a photograph sensitive personal data GDPR?

Personal data are involved where individuals may be identified on photographs. This means that data protection laws must be observed if photographs are not taken and published exclusively in private areas. The GDPR definitely applies to photography.

Which of the following is not classed as special category data?

Personal data about criminal allegations, proceedings or convictions is not special category data. However, there are similar rules and safeguards for processing this type of data, to deal with the particular risks associated with it.

What is considered sensitive data under GDPR?

Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation.

What are the categories of data under GDPR?

What is considered personal data under GDPR?

GDPR Personal Data

Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The term is defined in Art. 4 (1). Personal data are any information which are related to an identified or identifiable natural person.

Are photos private data?

Photographs, with identifiable individuals, contain personal information. In this case, when photographing and publishing such photographs, the privacy and personal data protection legislation should be taken into account.

Do photos fall under GDPR?

As photographs can constitute personal data under the GDPR, this means organizations must be able to quickly and easily remove all images where the individual can be identified. Failure to do so means failure to comply with the GDPR and Article 17, and the fines for breaching compliance can be seriously damaging.

Is a photo personal data ICO?

If someone can be recognised from a photograph it's usually considered their personal data. As with any use of personal data, choosing your valid reason or 'lawful basis' is essential. Use our lawful basis checker to help you decide which basis is right for taking photographs at your school.

What does GDPR not apply to?

The UK GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities.

What is special category data UK?

Special category data is personal data that needs more protection because it is sensitive. In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9. These do not have to be linked.

What is special Personal Information?

Special Personal Information means information that may be sensitive information, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and biometric information or criminal convictions ...

Which is not an example of personal data?

Examples of data not considered personal data

a company registration number; an email address such as [email protected]; anonymised data.

What are examples of sensitive data?

What is non sensitive data?

Non-Sensitive Data means publicly available data and other data not included in the definition of Sensitive Data. Sample 1.

What are considered sensitive personal information?

Race or ethnic origin, religion, political affiliations, sexual orientation, criminal history, and trade union or association memberships are all considered sensitive information. Any information about biometrics, genetics or medical history is also treated as sensitive information.

What is special category data in schools?

The special categories are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural ...

Are photos and videos personal data?

Personal data means any information relating to an identified or identifiable individual. If an image can be used to identify a living individual, that image is therefore likely to constitute personal data.

Do you need consent for photos?

In general, it's legal to take and publish photographs in and from a public space without asking, whereas taking photographs in a private space requires consent. Selling a photograph usually requires consent from the persons in the picture.

What are the 3 types of personal data?

What is not personal information?

Non-PII data, is simply data that is anonymous. This data can not be used to distinguish or trace an individual's identity such as their name, social security number, date and place of birth, bio-metric records etc.