SPECIAL CATEGORIES OF PERSONAL DATA
https://gdpr-info.eu/art-9-gdpr/ https://gdpr.eu/article-9-processing-special-categories-of-personal-data-prohibited/.
Section 9 of GDPR states that the processing of these special categories of personal data is prohibited, unless one of the following conditions applies
• The data subject has given explicit consent to the processing for one or more specific purposes, except where the law does not allow the lifting of the prohibition by consent.
• The processing is necessary for carrying out the obligations and rights of the controller or the data subject in the field of employment and social security and social protection law, as authorized by law or a collective agreement that provides appropriate safeguards for the rights and interests of the data subject.
• The processing is necessary to protect the vital interests of the data subject or another person, where the data subject is physically or legally incapable of giving consent.
• The processing is carried out by a non-profit organization with a political, philosophical, religious or trade union aim, as part of its legitimate activities and with appropriate safeguards, and only relates to its members or former members or persons who have regular contact with it, and does not disclose the data outside the organization without consent.
• The processing relates to personal data that are manifestly made public by the data subject.
• The processing is necessary for legal claims or judicial actions, or when courts are acting in their judicial capacity.
• The processing is necessary for substantial public interest reasons, based on law that is proportionate to the aim pursued, respects the essence of the right to data protection and provides suitable and specific measures to safeguard the rights and interests of the data subject.
• The processing is necessary for preventive or occupational medicine, medical diagnosis, health or social care or treatment, or management of health or social care systems and services, based on law or a contract with a health professional and subject to certain conditions and safeguards.
• The processing is necessary for public health purposes, such as protecting against serious cross-border threats to health or ensuring high standards of health care and medicines, based on law and subject to certain conditions and safeguards.
• The processing is necessary for scientific research, historical research or statistical purposes, based on law and subject to certain conditions and safeguards.
Section 9 of GDPR also requires that any processing of special categories of personal data must be documented by the controller and that any derogations from the prohibition must be notified to the supervisory authority.
INTERPRET OF RACIAL AND ETHNIC ORIGIN
Racial and Ethnic origin in the context of GDPR is any information that relates to the ancestry, culture, identity or affiliation of a natural person based on their race or ethnicity.
For example, data that indicates that a person is African, Asian, Caucasian, Hispanic, Indigenous, Jewish, Middle Eastern or any other racial or ethnic group is considered as an example of racial and ethnic origin under GDPR
Racial and ethnic origin is one of the special categories of personal data under GDPR, which means that it is subject to stricter rules and regulations than other types of personal data. GDPR prohibits the processing of racial and ethnic origin data unless certain exceptions apply, such as explicit consent, substantial public interest, scientific research or statistical purposes
The reason why GDPR treats racial and ethnic origin data as sensitive and special is because it can be used for unlawful purposes, such as discrimination, profiling, harassment or violation of human rights. Therefore, GDPR aims to protect the privacy and dignity of individuals who share their racial and ethnic origin data, while also respecting their right to self-identification and expression
An example of data that indicates that a person is African is the genetic ancestry test result that shows the percentage of African DNA in a person's genome. A genetic ancestry test is a type of DNA test that analyzes a person's DNA to determine their ethnic and geographic origins. A person who has African ancestry may have DNA segments that match with certain populations or regions in Africa, such as West Africa, East Africa, Central Africa, or South Africa
https://en.wikipedia.org/wiki/Race_and_intelligence.
Another example of data that indicates that a person is African is the self-identification or self-report of a person's race or ethnicity on a census, survey, or application form. A person who identifies as African may choose to mark or write "African" or "Black" or any other term that reflects their racial or ethnic identity. A person who identifies as African may also indicate their specific country or region of origin, such as Nigeria, Kenya, Ghana, Ethiopia, or Somalia
A third example of data that indicates that a person is African is the physical appearance or phenotype of a person, such as skin color, hair texture, facial features, or body shape. A person who has African ancestry may have darker skin, curly or coily hair, fuller lips, wider nose, or other traits that are associated with African populations. However, physical appearance is not a reliable indicator of racial or ethnic origin, as there is a lot of variation and diversity within and between different groups of people
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