Article 9

Processing of special categories of personal data

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and processing of genetic data, biometric data for the purpose of uniquely identifying a person, or data concerning health, or data relating to a person's sexual behavior or sexual orientation are prohibited.

2. Paragraph 1 does not apply when any of the following conditions are met:

   • the data subject has given explicit consent to the processing of such personal data for one or more specified purposes, except where Union or Member State law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;

   • processing is necessary for the purposes of carrying out obligations and exercising specific rights of the controller or the data subject in the field of employment law and social security and social protection law insofar as permitted by Union or Member State law or by a collective agreement based on Member State law providing appropriate safeguards for the fundamental rights and interests of the data subject;

   • the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

   • the processing is carried out by a foundation, association or other non-profit making body engaged in political, philosophical, religious or trade union activities, in the course of its legitimate activities and with appropriate safeguards, provided that the processing relates solely to the members or former members of the body or to persons who are in regular contact with it in connection with its purposes, and the personal data are not disclosed outside that body without the consent of the data subjects;

   • the processing relates to personal data apparently disclosed by the data subject;

   • the processing is necessary for the establishment, exercise or support of a legal claim or when courts are acting within the scope of their jurisdiction;

   • the processing is necessary for reasons of substantial public interest, based on Union law or Member State law, ensuring proportionality with the aim pursued, respecting the essence of the right to the protection of personal data and taking appropriate and specific measures to protect the fundamental rights and interests of the data subject;

   • the processing is necessary for purposes of preventive or occupational medicine, for the assessment of the worker's fitness for work, medical diagnosis, the provision of health care or social services or treatments or the management of health care systems and services or social systems and services, under Union law or Member State law, or pursuant to a contract with a health professional and subject to the conditions and safeguards set out in paragraph 3;

   • the processing is necessary for reasons of public interest in the area of public health, such as protection against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of Union law or Member State law containing appropriate and specific measures to protect the rights and freedoms of the data subject, in particular professional secrecy;

   • the processing is necessary for archiving in the public interest, scientific or historical research or statistical purposes pursuant to Article 89(1) under Union or Member State law, ensuring proportionality with the aim pursued, respecting the essence of the right to the protection of personal data and taking appropriate and specific measures to protect the fundamental rights and interests of the data subject.

3. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 where those data are processed by or under the responsibility of a professional person bound by professional secrecy under Union or Member State law or rules established by national competent bodies, or by another person also bound by professional secrecy under Union or Member State law or rules established by national competent bodies.

4. Member states may maintain or introduce additional conditions, including restrictions, relating to the processing of genetic data, biometric data or data concerning health.