Article 8*

Article 8 – Processing of special categories of personal data

Commission proposal

1. Member States shall prohibit the processing of personal data revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership, of genetic data or of data concerning health or sex life.2. Paragraph 1 shall not apply where:

(a) the processing is authorised by a law providing appropriate safeguards; or

(b) the processing is necessary to protect the vital interests of the data subject or of another person; or

(c) the processing relates to data which are manifestly made public by the data subject.

EDRi’s proposed amendment

1. Member States shall prohibit the processing of personal data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, trade-union membership, of genetic data or of data concerning health or sex life.2. Paragraph 1 shall not apply where:

(a) the processing is specifically authorised by a law providing appropriate safeguards for the fundamental rights and the legitimate interests of the data subject; or

(b) the processing is necessary to protect the vital interests of the data subject or of another person; or

(c) the processing relates to data which are manifestly made public by the data subject.

Justification

The change in point (a) of paragraph 2 aligns the wording with the corresponding recital 26.

the fundamental rights and

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