How do the protected characteristics of the Equality Act compare with personal data as defined by UK GDPR?
If you are working with personal data related to the nine protected characteristics identified in the Equality Act (2010), you will need to consider how the information is covered under data protection law, to ensure that it is used lawfully, fairly, and in a transparent way.
The nine protected characteristics defined in chapter one of the Equality Act do not map neatly with the nine special categories of sensitive personal data defined in Article 6(1) of the UK GDPR. If you are using protected characteristics data, also recognised under UK GDPR as ‘special category’, you will need to put in place additional safeguards.
If you are using protected characteristic data and it does not fall under the definition of ‘special category’ data, it may still be highly sensitive. If you have any concerns, it might expose a person to harm, consider the possible risks associated with its use and put in place additional safeguards equivalent to special category data.
More information is available in the ‘I want to process special category data’ guide.
Comparison between the nine protected characteristics of the Equality Act 2010 and type of personal data as defined in the UK GDPR
| Protected Characteristics | Type of data | Lawful basis to proceed |
|---|---|---|
| Age | Personal data | Article 6 of the UK GDPR |
| Disability | Special category personal data. Data concerning health | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Gender reassignment | Special category personal data. Data concerning health | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Marriage and civil partnership | Personal data | Article 6 of the UK GDPR |
| Pregnancy and maternity | Special category personal data. Data concerning health | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Race | Special category personal data. Data revealing racial or ethnic origin | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Religion or belief or non belief | Special category personal data. Data revealing religious or philosophical beliefs | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Sex | Personal data | Article 6 of the UK GDPR |
| Sexual orientation | Special category personal data. Data concerning a living person’s sex life or sexual orientation | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Not a protected characteristic | Special category personal data. Data revealing political opinions | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Not a protected characteristic | Special category personal data. Data revealing trade union membership | Article 6 of the UK GDPR and a condition of processing from Article 9 |
| Not a protected characteristic | Special category personal data. Processing of genetic data, biometric data for the purpose of uniquely identifying a living person | Article 6 of the UK GDPR and a condition of processing from Article 9 |