Database Reference
In-Depth Information
Annex: Additional Considerations on Sensitive Data from
DP
and
AD
Perspectives
In the following overview the
bold
categories are the ones that overlap, the
italic
ones partly overlap, and the
underlined
ones are new additions in the proposal for
a Regulation (2012) which would replace Directive 95/46.
Art 8(1),
95/46/EC
Member States shall prohibit the processing of personal
data revealing:
racial or ethnic origin
,
political opinions, religious or
philosophical
beliefs
, trade-union membership, and the
processing of data concerning
health
or
sex life
DP
Art 9 (1),
Proposal
(2012) for a
Regulation
revising
95/46/EC
The processing of personal data, revealing:
race or ethnic origin
,
political opinions, religion or
beliefs,
trade-union membership, and the processing of
genetic data
or data concerning
health
or
sex life
or
criminal convictions
or related security measures shall be
prohibited.
Art. 21
EU
Fundamental
Rights
Charter
(EUCFR)
(1) Any discrimination based on any ground such as:
sex,
race
, colour,
ethnic
or social
origin
,
genetic
features
, language,
religion or belief
,
political
or any
other
opinion
, membership of a national minority,
property, birth,
disability
, age or
sexual orientation
shall
be prohibited.
(2) Within the scope of application of the Treaty […] any
discrimination on grounds of nationality shall be
prohibited.
AD
The table clarifies that there is a significant discrepancy between the categories
of sensitive data and the prohibited grounds for discrimination. Recently the
European Union Agency for Fundamental Rights
(FRA) suggested in its Opinion
(
1/2011)
on the proposed PNR-profiling Directive
(COM(2011) 32 final)
that this
discrepancy should be dissolved by classifying all data related to the prohibited
grounds of art. 21 as sensitive, because the prohibition of processing such data
would help to pre-empt direct discrimination. The Commission has expressed its
approval of this suggestion (Computers, Privacy and Data Protection Conference,
Brussels, 27 January 2012). However, this could lead to quite absurd results:
categories as sex, age, birth, nationality and language probably belong to the most
frequently processed personal data. Subjecting the processing of such ubiquitous
data to very stringent requirements, merely to reduce the risk that they could be
used as the basis for a prohibited unequal treatment, seems a disproportionate
measure that mixes up the processing (DP) with the possible outcome (AD).
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