Abstract

HUERTA ANGUIANO, Julio A.. “Intrinsic nature”, “context” or “purpose” in the determination of the sensitive character of personal data. Estud. derecho inf. [online]. 2020, n.10, pp.3-31.  Epub Oct 28, 2024. ISSN 2594-0082.  https://doi.org/10.22201/iij.25940082e.2020.10.14658.

This article explains three possible answers to the following research question: why is some personal information considered as sensitive personal data? This paper aims to contribute to the critical review of the concept of “sensitive personal data” or “special data categories”. It highlights some of the problems implied in the construction and interpretation of its legal definition, considering various international data protection laws. In particular, this text analyzes the following three approaches: 1) the conception of the intrinsically sensitive nature of personal data; 2) the approach of the sensitive character according to its context of processing; and 3) the thesis that considers the purpose of data processing.

Keywords : Personal data; sensitive data; special categories of data; privacy; informational self-determination.

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