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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