EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices
Section 5: Special categories of data and biometrics – EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices

EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices 5(a): 5(a) Special categories: an Article 9 exception plus an Article 6 basis, never 'manifestly made public'

Footage is not special category data merely because it shows glasses or a wheelchair, but Article 9 applies once footage is processed to infer such data (political opinion from a strike or demonstration, health from monitoring a patient). A controller processing special categories through video must identify both an Article 9 exception and an Article 6 basis; vital interests could serve only exceptionally and for nothing else, and Article 9(2)(e) is not available, since walking into a camera's range does not make special category data manifestly public. Such processing calls for heightened security and a DPIA where needed.

Maintained by Gerard Blokdyk

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  • GDPR-Art.9 Processing of special categories of personal data

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