Versions

 

15. Difference between Personal Data and Sensitive Personal Data

15.1 The difference between Personal Data and Sensitive Personal Data may in certain instances be difficult to define. For example, names and surnames in connection with addresses and dates of birth are Personal Data rather than Sensitive Personal Data. However, more sensitive details such as ethnicity or religion may be inferred from these details, as frequently particular surnames are associated with a certain religion or ethnicity, or possibly both.
15.2 This does not necessarily mean that in order to maintain these names on client databases you would have to comply with the requirements for processing Sensitive Personal Data. But where the data processor is processing such names due to the specific reason that they indicate a certain religion or ethnicity, e.g. to send advertising or marketing materials for items or services that are targeted specifically at persons of this particular religion or ethnicity, then this would constitute the processing of Sensitive Personal Data.
15.3 In all instances assumptions about Data Subjects should be made with caution as such assumptions may lead to the collection of inaccurate Personal Data.