What is so special about special categories of data?
summary
Court of Justice case law treats indirect inferences as falling under Article 9 and multiple judgments (at least four) expand the boundary of special categories of data; regulators and drafts like the Digital and AI Omnibus allow narrow exceptions for AI bias testing and provider-side training but leave gaps for model scraping and generative outputs. Practical tools cited include palm‑vein and fingerprint biometrics, voice templates, foundation models, and model unlearning; humanitarian practice limits biometrics to travel documents and tracing, while France’s strict rules and a national DNA database of ~2.5M show tighter protection yet enforcement and cross‑border sharing remain problematic.
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chapters (6)
- 0:00Special categories of data
- 14:51Court interpretation of special categories
- 35:56Private sector challenges under Article 9
- 1:01:41Regulator perspectives on sensitive data
- 1:13:59Biometrics in humanitarian crises
- 1:20:00Q&A on data protection
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