Article 9. Processing of special categories of personal data

(1) Processing of 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 person’s sex life or sexual orientation shall be prohibited.

(2) Paragraph (1) shall not apply in the following situations:

1. a) the data subject has given explicit consent to the processing of those personal data for one or more specific purposes, except where normative acts provide that the prohibition referred to in paragraph (1) may not be lifted by the data subject’s consent;
2. b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection, in so far as it is authorised by normative acts or by a collective labour agreement providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
4. d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a political party, trade union, religious denomination or any other not-for-profit body with a political, philosophical, religious or trade union aim, on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes, and that the personal data are not disclosed to third parties without the consent of the data subjects;
5. e) processing relates to personal data which are manifestly made public by the data subject;
6. f) processing is necessary for the establishment, exercise or defence of a right in administrative, judicial or out-of-court proceedings or whenever courts are acting in their judicial capacity;
7. g) processing is necessary for reasons of substantial public interest, on the basis of normative acts which are proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
8. h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or medical treatment or the management of health or social care systems and services on the basis of normative acts or pursuant to a contract concluded with a health service provider and subject to the conditions and safeguards referred to in paragraph (3);
9. i) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of normative acts which provide for appropriate and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, on the basis of normative acts and in accordance with art. 54(1).

(3) Personal data referred to in paragraph (1) may be processed for the purposes referred to in paragraph (2)(h) where those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under normative acts or by another person subject to an obligation of confidentiality under normative acts.