What should we say about special category data in our DPIA?

Special category data may arise naturally during a recorded conversation.

The customer should identify which categories are reasonably likely to be discussed and document the appropriate UK GDPR Article 9 condition for the processing.

Examples may include health, disability, ethnicity, religion, political opinions, trade union membership or sexual orientation.

The DPA identifies special category data as a category of personal data that may be processed where it is contained within customer recordings. The customer remains responsible for identifying the appropriate Article 9 condition for its processing.

The client should document its Article 9 condition rather than stating that Wyser provides the lawful basis.