Overview

This article allows Member States to define specific conditions for processing national identification numbers or other similar identifiers. It ensures that such data is processed only under appropriate safeguards to protect the rights and freedoms of data subjects.

Key Principles

  • Restricted Processing: National identifiers are processed only under defined legal and regulatory conditions.

  • Safeguards: Implement measures to protect data subject rights and prevent misuse.

  • Legal Compliance: Processing must align with national laws and GDPR provisions.

  • Accountability: Controllers and processors must demonstrate responsible handling of sensitive identifiers.

Organizational Applicability

This article applies to:

  • Public and private sector entities processing national identification numbers or similar identifiers.

  • Member State authorities defining legal conditions for such processing.

  • Supervisory authorities overseeing compliance with safeguards.

  • Compliance and legal teams managing sensitive data processing obligations.

Implementation Requirements

  • Establish specific conditions and legal basis for processing national identifiers.

  • Apply technical and organizational safeguards to protect personal data.

  • Document processing activities, safeguards, and compliance with national laws.

  • Ensure personnel handling such identifiers are trained on applicable protections and legal requirements.

Implementation Guidance

  • Maintain a registry of national identifiers and related processing activities.

  • Implement encryption, access control, and audit mechanisms to protect identifiers.

  • Train staff on legal, technical, and operational requirements for handling national identifiers.

  • Periodically review safeguards, processing rules, and compliance with national laws.

Periodic Review

  • Frequency: Annually or when national laws, identifiers, or processing activities change.

  • Responsible Role: Compliance Team, Data Protection Officer (DPO), or Legal.

  • Outcome: Ensure processing of national identifiers is lawful, secure, and respects data subject rights.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for GDPR violations.

  • Legal Exposure: Liability for unlawful or unsecured processing of national identifiers.

  • Reputational Damage: Loss of public trust due to mishandling sensitive identifiers.

  • Operational Risk: Inadequate safeguards may lead to breaches, misuse, or regulatory action.