Special Category Data

Under the GDPR, certain types of personal data that receive heightened protection due to their sensitive nature. Special categories include data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data, health data, and data concerning sex life or sexual orientation. Disability status falls under health data. Processing special category data requires both a lawful basis and an additional condition from Article 9, such as explicit consent or substantial public interest. In AI fairness contexts, this creates both challenges (restrictions on collecting disability data) and opportunities (legitimate bases exist for research and support organizations to process such data).