← NDPA 2023 · Special categories

s.30 — Sensitive personal data

critical data-classificationlawful-basis

Requirement

Sensitive personal data — including genetic and biometric data, race or ethnic origin, religious or similar beliefs, health, sex life, political opinions or affiliations and trade union membership — may be processed only where an additional statutory condition is met and with heightened safeguards.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
sensitive personal dataspecial categorybiometricgenetichealth datareligiousethnicpoliticaltrade unionhealth recordsmedical recordshealth informationpatient datapatient records
Required element 2 — any one of
conditionexplicit consentadditional safeguardnot processedrestricted
Supporting terms — specificity signals
section 30separate assessmentencryptionrestricted accessjustificationencrypt

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.9 Special category data data-classification lawful-basis
GDPR Art.10 Criminal convictions and offences data data-classification lawful-basis
GDPR Art.5(1)(a) Lawfulness, fairness and transparency lawful-basis
GDPR Art.5(1)(b) Purpose limitation lawful-basis
GDPR Art.6 Lawful basis for processing lawful-basis
CCPA/CPRA 1798.121 Right to limit use of sensitive personal information data-classification
SOC 2 C1.1 Identification and protection of confidential information data-classification
SOC 2 P1.1 Notice and communication of privacy commitments lawful-basis