What Is Sensitive Personal Information? Definition and Examples 

Imagine someone tracking your precise location and you have been travelling to unfamiliar places without knowing it. The threat to your safety in this scenario may seem more daunting than having your full name or email address made public, right?

Fortunately, most privacy laws understand this and thus prioritise strict requirements for processing sensitive personal information (SPI) like precise geolocation, with non-compliance carrying hefty consequences. This article aims to bridge the knowledge gap surrounding the processing of SPI by businesses.

The potential discrimination and risks caused by the exposure of our most sensitive data might be deeply unsettling. Hence, these intimate aspects of our being deserve uncompromised privacy. With the implementation of privacy regulations like the GDPR and CPRA, we are finally able to afford privacy in this digital world.

While most US privacy laws like CPRA or VCDPA prefer the name of sensitive personal information/ sensitive information, GDPR calls them special categories of personal data.  If mishandled, this information can lead to discrimination, identity theft, or financial fraud.

GDPR’s definition of sensitive personal data

Under the GDPR, sensitive personal data includes:

• Racial or ethnic origin
• Political opinions
• Religious or philosophical beliefs
• Trade union membership
• Genetic data
• Biometric data (when used for identification)
• Health information
• Data concerning a person’s sex life or sexual orientation

The GDPR prohibits processing these types of data unless certain conditions are met, such as obtaining explicit consent or processing for public interest, preventing life threats, or legal claims.

CCPA’s definition of sensitive personal information

The CCPA, as amended by the California Privacy Rights Act (CPRA), defines SPI as:

• Social security numbers, driver’s license numbers, and other state identifiers
• Financial data, such as account numbers, credit card numbers, and associated credentials
• Precise geolocation
• Religious beliefs, ethnic origin, and trade union membership
• Contents of emails and text messages (unless the business is the intended recipient)
• Genetic data, biometric information, and health records
• Information about a person’s sex life or sexual orientation
• Personal data collected from a known child

Sensitive personal information under US state privacy laws

Even though the US does not have a comprehensive federal privacy law, over 20 states have implemented their own privacy regulations to protect consumer privacy. 

These laws generally share similar definitions of sensitive personal information. A significant distinction is that several of these laws, such as the New Hampshire privacy law, mandate businesses to acquire explicit consent before handling sensitive personal information, unlike CPRA.

Financial information

Health and biometric data

Social Security Numbers & Government identifiers

Precise geolocation

Racial or ethnic origin

Citizenship or immigration status

Religious or philosophical beliefs

Trade union membership

Sensitive data isn’t just a regulatory concern—it’s deeply personal. Imagine your financial details, health records, or even your exact location being exposed without your knowledge. The consequences can be life-altering, from financial fraud to identity theft. To highlight why protecting this information matters, let’s look at some real-world examples of sensitive data and how they impact individuals and businesses alike.

#1 Learning softwares

Let’s say you developed a language learning application that has unique features to customise the learning experience depending on the user’s native language. Because language is often closely linked to cultural heritage, a user’s native language can provide insights into their racial or ethnic origin. 

Therefore this information can be sensitive personal information requiring enhanced protection. 

#2 Online health tracking tools

Here is another example. Many people find achieving a good night’s sleep to be essential for overall well-being. Sleep tracking applications can be a valuable tool to gain insights into sleep patterns and potentially improve sleep quality. While the ability to monitor sleep patterns and disturbances is undeniably beneficial, it also brings to light a pressing concern regarding privacy and sensitivity. 

These data reveal our health issues like insomnia, which is also sensitive personal information.

In all these situations, ensure lawful processing by obtaining prior consent or complying with Sensitive personal information processing rules. For instance, CPRA requires businesses to provide a “limit the processing of my sensitive personal information” link conspicuously on the website’s homepage. 

We’ve already discussed how sensitive data can be collected online through various applications. But it’s important to remember that SPI isn’t limited to the web world. Let’s explore some examples of SPI encountered in offline settings:

Legal and regulatory compliance

Non-compliance with privacy laws can lead to severe penalties. Under GDPR, businesses can face fines of up to €20 million or 4% of global turnover, while CCPA violations can result in significant penalties per affected consumer, ranging up to $7500 per incident.

Reputational damage

A security incident involving SPI can erode consumer trust and lead to public backlash. Reputational damage following a data breach can cause long-term financial losses and customer attrition.

Operational and financial risks

Handling SPI improperly can lead to lawsuits, fines, and operational disruptions. Businesses must implement information security strategies, such as risk assessments, data minimisation, and access controls.

Privacy law is a complex and evolving field and it varies with jurisdiction. Therefore, accurately defining what does not constitute sensitive personal information is a challenging task. However, let us attempt to declutter the grey area.

Basic personal information: An individual’s basic personal information such as name, age, contact number, email address, birthdays, etc are not generally treated as sensitive. 

Publicly available information: Most privacy laws do not consider information made available by the government or the individual as sensitive personal information, although the definition of publicly available information varies.

De-identified data: If the data is maintained in such a way that it is incapable of linking to the individual’s sensitive aspects such as race, origin, health, etc, it might not fit inside the sensitive personal information umbrella.

By implementing strong security protocols, businesses can not only meet privacy law requirements but also enhance their credibility and customer relationships.

#1 Implement robust security measures

• Use encryption and access controls to protect SPI
• Conduct regular security assessments to identify vulnerabilities
• Monitor for unauthorised access or data breaches

#2 Limit data collection and retention

• Follow the principle of data minimisation: collect only what is necessary
• Establish a data retention policy to delete or anonymise SPI when no longer needed
• Refrain from collecting SPI if the service can be fulfilled without it

#3 Obtain explicit consent and provide opt-out options

• Obtain opt-in consent or have a valid legal basis before processing SPI, as required under GDPR, and some US state laws
• Provide consumers with a “Limit the use of my sensitive personal information” link, as mandated by CPRA

#4 Conduct regular risk and impact assessments

• Perform data privacy impact assessments (DPIAs) to evaluate the risks of processing SPI
• Stay updated on global privacy control regulations to ensure ongoing compliance

#5 Legal awareness

• Watch out for any amendments or changes to the definition of sensitive personal information
• Follow industry experts to stay ahead of the evolving legal landscape

Handling sensitive personal information responsibly has become a business imperative. Implementing strong security measures, compliance frameworks, and consumer protection strategies helps businesses avoid penalties, enhance data privacy, and build consumer trust.