Data Sensitivity: proposals for resolving the conundrum

The EU Directive 95/46/EC specifically demarcates categories of sensitive data meriting specialprotection. It is important to review the continuing relevance of existing categories of sensitive data in the light ofchanges in societal structures and advances in technology. This paper draws on interviews with privacy and dataprotection experts from a range of countries and disciplines and findings from the Information Commissioner’sannual telephone survey of the British public in order to explore satisfaction with the current categories ofsensitive data. It will be shown that the current classification of sensitive data appears somewhat outdated andthus ineffective for determining the conditions of data processing. Finally, possible reform proposals will bereviewed, including a purpose-based approach and context-based approach.