Sensitive Data Inside Personal Data chapter 6 sp

National law – SP – The Spanish Legal System – chapter 6

Sensitive data is a part of personal data that can show concrete information about the person, such as: race or ethnic background, political opinions, religious or moral convictions, syndicate affiliation, health or sex related information… In general, sensitive data englobes any data able to reproduce, either by its nature or its context, any type of discrimination towards the person.

Sensitive data is protected under article 7, and no one can be obliged to give this type of information to anyone. In case it is intended to gather information about sensitive data, it is compulsory to previously let know the person and to get the written consent of the person.

In the case of ideological, synodical affiliation, religion and beliefs information, the exception comes in the files about affiliates, associates of members that are owned by communities expressly due to these types of endings (religious, political, syndicates…), as long as the granting of that information has the consent of the person.

Information related to race, health and sex life can only be gathered if a law stablishes it or there is an expressed consent.

It is forbidden to have a stocked file of sensitive information with the only excuse of stocking information.

Sensitive data, however, can be used by health personnel as long as the use is related to the prevention or medical diagnosis of the person. However, it must be done under professional secrecy. (Boletín Oficial del Estado 2011)

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