Working conditions of nationals with a foreign background
| Index | << Prev | [ |
Annex: List of exemptions in Directive 95/46/EC
Article 8 (1) Member States shall prohibit the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life.
Paragraph 1 shall not apply where:
Article 8 (2a) the data subject has given his explicit consent to the processing of those data, except where the laws of the Member State provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject’s giving his consent
Article 8 (2b) processing is necessary for the purposes of carrying out the obligations and specific rights of the controller in the field of employment law insofar as it is authorized by national law providing for adequate safeguards
Article 8 (2c) processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving his consent
Article 8 (2d) processing is carried out in the course of its legitimate activities with appropriate guarantees by a foundation, association or any other non-profit seeking body with a political, philosophical, religious or trade-union aim and on condition that the processing relates solely to the members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed to a third party without the consent of the data subjects
Article 8 (2e) the processing relates to data which are manifestly made public by the data subject or the processing is necessary for the establishment, exercise or defense of legal claims.
Article 8 (3) Paragraph 1 shall not apply where processing of the data is required for the purposes of preventive medicine, medical diagnosis, the provision of care or treatment or the management of health-care services, and where those data are processed by a health professional subject under national law or rules established by national competent bodies subject to the obligation of professional secrecy or by another person also subject to an equivalent obligation of secrecy.
Article 8 (4) Subject to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition to those laid down in paragraph 2 either by national law or by decision of the supervisory authority.
Article 8 (5) Processing of data relating to offences, criminal convictions or security measures may be carried out only under the control of official authority or if suitable specific safeguards are provided under national law, subject to derogations which may be granted by the Member State under national provisions providing suitable specific safeguards. However, a complete register of criminal convictions may be kept only under the control of official authority.
Source: Ethnic statistics and data protection in the Council of Europe countries (1.04Mb PDF)
EF/11/33/EN
| Index | << Prev |