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 the processing of genetic data,

biometric data for the purpose of

uniquely identifying a natural person, data concerning health or data concerning and natural person's

sex life or sexual orientation shall be prohibited.

2. Paragraph 1 shall not apply if one of the following applies. A, the data subject has given

explicit consent to the processing

of those personal data for one or more specified purposes, except where union or member state law

provide that the prohibition referred to in paragraph first of may not be lifted by the data

subject. B, processing is necessary for the purposes of carrying out the obligations and exercising specific

rights of the controller or of the data subject in the field of employment and social security

and social protection law in so far as it is authorized by union or member state law or a

collective agreement pursuant to member state law providing for appropriate safeguards for the

fundamental rights and the interests of the data subject.

C. 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.

D. Processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the

personal data are not disclosed outside that body without the consent of the data subjects.

E, processing relates to personal data which are manifestly made public by the data subject.

F, processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity.

G, processing is necessary for reasons of substantial public interest, on the basis of union or member state law which shall be proportionate to the aim pursued,

respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

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