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GDPR special category data: what Irish firms keep out of AI

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An Irish payslip with the name and PPS number replaced, where a union subscription line still reveals special category data under Article 9
Joaquín Trapero

in AI and privacy expert, and founder of Nonimo.

Article 9 of the GDPR singles out personal data that can hurt people badly in the wrong hands: health, religion, ethnic origin, sexuality, union membership and a few more. In Ireland, the Data Protection Act 2018 then decides, section by section, who may still use it and on what terms.

This is for people who hold that data without thinking of it as sensitive: payroll bureaus, HR advisers, employment and family solicitors. Clinical letters have their own page on patient data and AI in an Irish practice. Here the question is what can go into an AI tool, and in what shape.

Quick answer

Article 9's eight special categories: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, identifying biometrics, health, and sex life or sexual orientation. Age, gender, date of birth, an address, bank details and PPS numbers aren't, though some can reveal one that is.

Is religion, age or date of birth special category data? Article 9 item by item

Religion is on the list, and so is anything that reveals it. That second part is where people go wrong. Article 9(1) prohibits processing personal data revealing a belief, an ethnic origin, a political view or union membership, so a document doesn’t have to name the category for the category to be in it.

The Court of Justice said so on 1 August 2022, in Case C-184/20: publishing data liable to disclose someone’s sexual orientation indirectly, such as a partner’s name, is processing special category data. No word search catches that, so deciding what personal data to redact needs someone who reads the whole file.

Is it special category data?

What people ask about, plus the Irish items filed beside them. Where it says "depends", context decides, and my rule is to over-protect a bank export rather than argue about it later.

ItemAnswerWhy
Religious or philosophical beliefsYesNamed in Article 9(1)
A day's leave asked for Eid or a Holy Day of ObligationUsuallyIt points to a faith without stating it
Political opinionsYesNamed in Article 9(1); section 48 of the 2018 Act covers electoral work
Trade union membership, including a union line on a payslipYesNamed in Article 9(1), and the deduction reveals it
Pregnancy, or a positive pregnancy testYesData concerning health (Article 4(15) and Recital 35)
A GP's medical certificateYesData concerning health, even if it gives no diagnosis
Fingerprint clock-in recordsYesBiometric data used to identify staff
Name of a same-sex spouse or civil partnerYes, indirectlyCan reveal sexual orientation (C-184/20)
A staff photoOnly sometimesBiometric only when processed by technical means to identify someone (Recital 51); more in our guide to photo uploads
Bank details and statementsNot the IBANThe transactions can reveal a union, a church or a clinic
Name and addressNot by themselvesAn address can reveal one: a nursing home points to health, a convent to religion
NationalityNot by itselfArticle 9 speaks of racial or ethnic origin; in context nationality can point to it
AgeNoAn Irish equality ground, but not an Article 9 category
GenderNoNot an Article 9 category; an Irish equality ground
Date of birthNoOrdinary personal data, though it narrows down a person fast
PPS numberNoIts own statutory rules; see whether a PPSN is personal data
Convictions, Garda vetting disclosuresNoArticle 10, with Irish rules in section 55 of the 2018 Act

GDPR Articles 4(15), 9(1) and 10, Recitals 35 and 51; CJEU Case C-184/20; Data Protection Act 2018, s. 55. Our reading of the texts, not legal advice.

Ireland’s nine equality grounds against the special categories

Irish employers know a different list by heart. The Employment Equality Acts protect nine grounds: gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. It overlaps with Article 9 only in part, and that partial overlap explains most of the confusion over age.

A WRC equality complaint is, almost by design, a file of Article 9 data, because the ground is the case. Some grounds that aren’t on the GDPR list can still give away one that is: a civil partnership can reveal orientation, and a parent’s status as carer can reveal a child’s disability.

Nine Irish grounds, five on the Article 9 list

Equality groundOn the Article 9 list?What to watch in a file
Sexual orientationYesNamed directly
ReligionYesCovers belief, background, outlook or none
DisabilityYes, as healthIncludes a range of medical conditions
RaceYes, racial or ethnic originSkin colour and ethnic origin; nationality alone is weaker
Membership of the Traveller communityYes, ethnic originThe State formally recognised Travellers as a distinct ethnic group in the Dáil on 1 March 2017
Civil statusNoA civil partner's name can reveal orientation
Family statusNoCaring for a disabled child can reveal health
GenderNoOrdinary personal data in most files
AgeNoStill personal data; still a discrimination ground

Grounds as listed by Citizens Information; Article 9(1) GDPR; Taoiseach's statement to Dáil Éireann, 1 March 2017. The recognition was a statement, not a statute.

If equality files crossed my desk, all nine grounds would get Article 9 handling before going near a model; the boundary is too easy to misjudge at five on a Friday. Witnesses named in the narrative get the same treatment, because your client can agree to an engagement letter AI clause and they never did.

Data Protection Act 2018 and special categories: sections 41 to 54

The GDPR lets each Member State fill in some of the Article 9(2) exceptions, and Ireland did it in Part 3 of the 2018 Act. Section 45 is the hinge: processing special categories is lawful where section 41 or sections 46 to 54 authorise it, or where Article 9 itself does, explicit consent included.

Most of those sections require suitable and specific measures, and section 36 lists them: access limits, erasure deadlines, training, logging, encryption and pseudonymisation, a term with its own trap explained in is pseudonymised data personal data. Section 47 skips that condition, which I wouldn’t read as a free pass.

Which section of the 2018 Act are you relying on?

Pick the panel that matches your work.

Section 46

Processing needed to exercise or perform a right or obligation under employment or social welfare law. Subject to suitable and specific measures.

Sick leave, payroll and statutory leave fit here. An HR team pasting full certs into a public chatbot would struggle to name a single section 36 measure. The page for Irish accountants shows a payroll query with the identifiers out.

Section 47

Processing needed for legal advice, for actual or prospective claims and proceedings, or otherwise to establish, exercise or defend legal rights.

No measures clause, but the test is necessity, and it applies to each step. A model can restructure an affidavit without the client's name. What the High Court expects of AI-assisted filings is in our reading of HC 142, and the solicitors' page shows the flow on a court document.

Sections 52 and 53

Health purposes, from occupational medicine and assessing an employee's working capacity to diagnosis and care, by or under a health practitioner or someone with an equivalent duty of confidentiality. Section 53 adds public health.

An occupational health report sits here, not under section 46. For GP letters, AI in an Irish general practice covers the referral side.

Section 50

Health data only, where necessary and proportionate for insurance, life assurance, health insurance, pensions or mortgaging property. Subject to suitable and specific measures.

Note what is missing: religion, orientation and the rest get no help from this section.

Sections 49 and 41

Section 49: the administration of justice, or a function conferred by an enactment or the Constitution, where necessary and proportionate. Section 41: further processing for security, crime or legal claims.

A council's housing and social files usually rest on section 49, a theme picked up in AI in Irish local authorities.

Sections 48, 51 and 54

Section 48: political opinions, for parties, candidates and office holders in electoral work, and the Referendum Commission. Section 51: regulations for reasons of substantial public interest. Section 54: archiving, research and statistics, subject to section 42.

Where a section asks for measures in code rather than policy, tokenising the identifiers is one way to build them.

Data Protection Act 2018, ss. 36 and 41 to 54, as enacted. Summaries in my words; read the section before relying on it.

Special category data examples in an Irish office file

Most of this data arrives inside documents built for something else. Section 5(9) of the Sick Leave Act 2022 asks only for a cert stating the employee is unable to work, yet many name the condition anyway. A scanned cert is a picture and needs a different redaction method before any tool reads it.

The DPC has looked at where that leads. In a 2022 case study, an employer could use an employee’s medical details to run sick leave and sick pay. Passing the specific nature of the illness to the local HR office was excessive, and the DPC found security and fairness failures on top.

For each file below, the last line is all I would let a model see. The people and figures are invented.

Five ordinary files, one category each

In the file

Orlaith Brophy, PPS 7391046KA. Gross €1,240.00. Fórsa subscription €6.80.

Reveals

Trade union membership

Enough for "why did net pay drop?"

Employee A. Gross €1,240.00. Deductions as attached, minus the union line.

In the file

Certify that Cathal Furlong is unfit for work 3 to 14 March owing to a depressive episode. Dr N. Hegarty, Tullamore.

Reveals

Health, and the town narrows down the GP

Enough for a return-to-work letter

Employee certified unfit for work for twelve days in March.

In the file

DD SIPTU €3.70 · Card: fertility clinic, Athlone €450.00 · SO parish dues €20.00

Reveals

Union membership, health, religion: three categories in three lines

Enough for a cash-flow summary

Monthly outgoings by type, no payees.

In the file

Meeting with Darragh Moran re dignity at work complaint. Comment: his partner Seán also works in dispatch.

Reveals

Sexual orientation, hidden in a comment the author forgot

Enough to tidy the minutes

The body text, after you strip the comments and tracked changes.

In the file

Badge 0412 · Róisín Kinsella · fingerprint match 98% · in 07:58, out 16:31

Reveals

Biometric identification, beside a full attendance record

Enough for absence patterns

Days absent per team, by week. No badges, no match data. I wouldn't hand the raw export to a chatbot, and a look inside an Excel workbook shows what else it can hide.

Invented people, numbers and places; files vary by system. Find and Replace only finds what you tell it to, as our Word redaction guide shows.

The clock export is the private version of a public case. On 12 June 2025 the DPC fined the Department of Social Protection €550,000 over facial matching at Public Services Card registration: no valid lawful basis under Articles 6(1) and 9(1). In 2021 the Department held templates for about 70% of the population.

Using AI with special category data: the step that needs its own reason

Ordinary personal data needs an Article 6 lawful basis. The Article 9 list needs that plus an exception, both tied to a purpose. Holding a cert lawfully doesn’t entitle you to send it to an outside provider; that step needs its own necessity. Which AI is GDPR compliant covers the provider’s half.

The Workplace Relations Commission was plain about it in version 2 of its AI guidance, 26 May 2026: be very careful with public tools, and don’t paste names, PPS numbers or medical information unless necessary and safe. If that is the advice to a lay complainant, a professional adviser can hardly argue for less.

Can this text go to an AI tool?

Run a real prompt through these four questions before it goes.

Does the task need the sensitive fact at all?

Take it out: the union line, the diagnosis, the feast day. Then carry on to the next question.

Does the task need to know who it is about?

Keep it in your own systems. If identity is essential, weigh a private LLM against a privacy proxy before anything leaves.

Could what is left point to one person? A small town, a job title, a date.

Generalise first: "a GP in the midlands", "a long-serving operative". Then answer the last question.

Does the text name people who aren't your client?

It can go, with the names, PPS numbers, Eircodes and contact details replaced. From your own code to the OpenAI API, PII redaction for the OpenAI API does that swap on your server.

A working test, not a legal opinion. If you can't answer a question, the text stays in the firm.

Whatever sits in the middle is a processor too. A hosted gateway that handles your text on the way to the model needs its own contract, a point our explainer on AI gateways takes further.

The provider at the far end matters just as much. I’d want the business terms in writing before a single cert went through, starting with what ChatGPT keeps on each plan.

Firms on Microsoft 365 should read the enterprise terms instead, set out in what Copilot does with your data.

A PPS number swapped for the label [PPS_NUMBER_1]: personal data under the GDPR, though not one of the special categories

Five things to settle before the paste

Tick what is already true for your firm.

0 of 5 settled

The gaps are where an access request or a WRC hearing would start asking questions. Close the first two before anyone pastes a cert.

A preparation list, not a certificate. Ticking all five doesn't settle whether a given use is lawful.

The fourth box is the one software can carry. Nonimo for Irish teams runs on Windows and Mac: highlight a passage, press the shortcut, and the details tying a sensitive fact to a person are swapped on your computer, shown to you before anything is sent. The reply comes back with your originals put back.

The diagnosis, the ground and the union line stay where you left them, because whether they belong in the prompt is a judgement only you can make. Your text never reaches us; the security page has the detail.

Whether section 46 or 47 actually covers a particular use is a question for your solicitor or data protection officer, on the facts of the file. What I’ve given you here is a general reading of the sections as enacted, not advice on yours.

Sources

Checked on 8 November 2026.

Common questions

Is religion classed as special category data?

Yes, Article 9(1) lists religious or philosophical beliefs. Anything that reveals a faith counts as well, such as leave asked for a religious feast or a standing order for parish dues on a bank statement.

Is date of birth special category data?

No, a date of birth is ordinary personal data. It still narrows down a person quickly, especially beside a town or a job title, so it usually comes out before a text goes to an AI tool.

Is age special category data?

No, age is not on the Article 9 list. Irish employment law protects it as one of the nine equality grounds, which is why the two lists get mixed up.

Are bank details special category data?

No, an IBAN or sort code is not special category data. The transactions can be: a union direct debit, a clinic payment or a church standing order each reveals an Article 9 category.

Is pregnancy special category data under GDPR?

Yes, a pregnancy reveals physical health status, so it is data concerning health. Recital 35 covers test results too. In an Irish file it turns up in maternity leave records and medical certs.

Is a photo special category data?

Not automatically. Recital 51 says a photo is biometric data only when processed by technical means to identify someone. A picture can still reveal religion or ethnic origin, through religious dress for example.

Is name and address special category data?

No, a name and address are ordinary personal data. The address can still reveal a category: a nursing home points to health, a convent or monastery to religion.

Is trade union membership special category data?

Yes, Article 9(1) names trade union membership. A union deduction on a payslip or a direct debit to a union reveals it just as plainly as a membership list.