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I'm following a job-related course regarding data protection and the GDPR (European Union, I'm located in Italy). My background is not in law.

I was puzzled whether a psychiatric report ("perizia psichiatrica", a document with legal purposes) falls in the sensitive data category. The course says it does not [edit: I double-checked, and the question was intentionally unclear, so probably that was the reason of the confusion], but I also read that "Health data" is indeed sensitive (https://www.gdpreu.org/the-regulation/key-concepts/special-categories-personal-data/).

What is the reason behind this apparent paradox?

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  • What does the instructor say? Jun 6, 2023 at 12:22
  • It's an online course, sadly I couldn't make questions.
    – Gabriele
    Jun 6, 2023 at 14:46
  • At a first glance, I would expect anything regarding mental health to be 'special.' But I do not know this report, does it contain a diagnosis or does it have some other content.
    – o.m.
    Jun 6, 2023 at 15:17

1 Answer 1

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Its special personal information

The GDPR uses “special” not “sensitive”.

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.

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  • Thanks Dale; since the course is held in Italian, probably the translation is imperfect. I think that my confusion was due to the way the question was formulated.
    – Gabriele
    Jun 8, 2023 at 7:50

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