Background

PSD2 and special categories of personal data

Payments to and from persons are personal data. Special personal data can be derived from payment details. Special categories of personal data require extra protection. The processing of such data is prohibited, unless there is a statutory exception With the Don't-PSD2-me egistry, we want to be able to filter account details of organisations whose transaction data should be considered as special categories of personal data.

Personal data is any information about an identified or identifiable person. Special categories of personal data are personal data that indicate:

  • racial or ethnic origin,
  • political views,
  • religious or philosophical beliefs or
  • turn out to be trade union membership,
  • and processing genetic data,
  • biometric data for the unique identification of a person, or
  • data concerning health, or
  • data relating to a person's sexual behavior or sexual orientation

Don't-PSD2-me register and special categories of personal data

Probably the Don't-PSD2-me registry cannot filter all data. Therefore, at this stage, we will set up the Don't-PSD2-me registry in such a way that only account numbers that clearly show that they are personal data in themselves will be included.

Special categories of personal data are often Connect 1-on-1 to organisations. This has to do with the way in which organisations are registered. A selection at the Dutch Chamber of Commerce yielded 2400 organisations that complied with the Sbi codes and process special categories of personal data of individuals.

Relevant are the transactions between the organisation and the person. Sometimes this is simple, think of membership of a trade union. Another gives transaction data no direct information, but can give an indiction through which profiling can take place. Think, for example, of the amount and frequency of payments at a pharmacy (amount, frequency). Other special personal data can (probably) not or only after interpretation be seen as special personal data. The most obvious category are account numbers for contribution payments, membership payments and donations to:

  • political groups
  • trade unions
  • associations active in the field of sexual behaviour or sexual orientation
  • religious institutions.