Lawfulness and transparency
Assess special category or criminal offence data
Identify processing involving Article 9 or Article 10 data and require the condition, the legal authority and the safeguards before approval.
A recruitment platform asking candidates about criminal record checks, or a health insurer processing medical history, is handling data that the Regulation treats with extra suspicion. The activity record has to force the harder questions to the front rather than let them be answered as an afterthought.
This is why the special category question sits first on the Details tab: the condition and the categories on offer only make sense once that question is answered, and criminal offence data carries its own separate authority requirement.
The proof is that neither kind of processing can reach approval without a stated condition, a named legal authority where required, and the safeguards recorded as measures against the activity.
- Regulation
- Articles 9 and 10
- Registers
- Processing activity · Legal requirement · DPIA · Measure · Risk
The steps
- 01Open the activity's Details tab and answer the special category question.
- 02Choose the Article 9 condition offered, then the categories of special category data that follow from it.
- 03Answer the criminal conviction question further down the same tab.
- 04Where criminal offence data applies, name the legal authority relied upon in the field provided.
- 05Open the Assessment tab and confirm the screening result for a DPIA.
- 06Open the Linked records band and use "Link a record" to attach the measures that safeguard this category of data.
Accepted when
- Special category data with no Article 9 condition blocks approval.
- Criminal offence data with no official authority or legal authorisation blocks approval.
