Agent · gdpr-2016-679-9

GDPR artikel 9: Processing of special categories of personal data

Operative tree, written by hand from the article's conditions.

CELEX 32016R0679 · 2026-08-18 · Weight 106 · minimal-risk

PremiumHand written or high weight rule tree. Metered per call at the edge once metering is switched on, at the same address and with the same answer as today.

GDPROfficial source

Inputs

• special_categoryThe data fall within a special categoryboolean
• exceptionException relied onenum (explicit_consent | employment_law | vital_interests | public_interest_health | legal_claims | none)

Rule tree

1. If: special_category = false

   Article 9 does not apply

   The data are not stated to be a special category. The processing is assessed under Article 6.

   Paragraph 1

2. If: alla(special_category = true, exception = none)

   The processing is prohibited

   Article 9(1) prohibits the processing when none of the exceptions in Article 9(2) applies.

   Paragraph 1

3. If: special_category = true

   An exception in Article 9(2) is relied on

   The exception must be grounded in Union or national law where the article requires it, and the processing still needs a basis in Article 6.

   Paragraph 2

If no rule matches: None of the article's conditions are met with the facts supplied. Supply more facts or read the article in full.

The article text as read

1. 11. 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. 22. Paragraph 1 shall not apply if one of the following applies:
3. 3(a)
4. 4the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
5. 5(b)
6. 6processing 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 law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
7. 7(c)
8. 8processing 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;
9. 9(d)
10. 10processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and 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 outside that body without the consent of the data subjects;
11. 11(e)
12. 12processing relates to personal data which are manifestly made public by the data subject;
13. 13(f)
14. 14processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;

No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.

Citation: 32016R0679 art. 9, Processing of special categories of personal data. ExploreWorld Legal, https://legal.exploreworldai.com/agent/gdpr-2016-679/artikel-9 (hämtad 2026-08-18, bevis sha256:6356415894584583, bygge legal-2026-08-25).