(EN) Criminal offence data are treated specifically by the General Data Protection Regulation. They represent sensitive data that must be dealt with appropriate care, similarly to special categories of personal data (article 9). They obey particular rules, but they do not expressly fall under the “special categories of personal data”. They have their own legal regime and they do not benefit from similar exceptions as the aforementioned data [article 9 (2)].

(EN) ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.

Here is the relevant paragraph to article 10 GDPR:

7.2.2 Identify lawful basis

Control

The organization should determine, document and comply with the relevant lawful basis for the processing of PII for the identified purposes.

Implementation guidance

Some jurisdictions require the organization to be able to demonstrate that the lawfulness of processing was duly established before the processing.

The legal basis for the processing of PII can include: