Privacy & Data Protection
Special-Category Data Safeguards
What this control does
Apply enhanced necessity, privacy, security, access, retention and documentation controls when special-category data is used for qualifying bias activities.
How to implement
Use privacy and legal review before relying on the Article 4a bias-detection or correction route. Document strict necessity and why other data cannot achieve the purpose. Restrict reuse and access, apply suitable security and privacy-preserving measures, and enforce the applicable restrictions on disclosure. Record the processing rationale and delete the data when the applicable deletion trigger is reached. For an Article 59 sandbox, use this control only for the relevant privacy and segregation safeguards; assess the sandbox's separate conditions through the AI Regulatory Sandbox Personal-Data Governance control. Neither route gives general permission to collect sensitive data.
Suggested timing and triggers
Before each qualifying processing activity; continuous safeguards; on purpose, access or data changes; deletion at the applicable trigger.
Evidence examples
Necessity and processing assessment Approved access list, confidentiality arrangements and access records Segregation, reuse and security configuration evidence Processing records and deletion triggers Deletion confirmations and exception investigations
How to check this control
Sample one approved activity. Check its legal route, necessity record, actual permissions and deletion trigger. Confirm that unauthorized reuse or sharing is restricted and that the decision is not based on consent or an internal approval alone.
Related EU AI Act obligations
Article 4a
Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 4a(1)(a), 4a(2)(a)
Demonstrate Strict Necessity and Why Other Data Cannot Achieve the Bias Objective
Sub-obligation of Article 4a: Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 4a(1)(b)-(c), 4a(2)(b)
Secure Special-Category Data and Strictly Control and Document Access
Sub-obligation of Article 4a: Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 4a(1)(d), 4a(2)(b)
Prevent Transmission, Transfer or Access to Special-Category Data by Other Parties
Sub-obligation of Article 4a: Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 4a(1)(e), 4a(2)(b)
Delete Special-Category Data When Bias Is Corrected or the Retention Period Ends
Sub-obligation of Article 4a: Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 4a(1)(f), 4a(2)(b)
Record the Reasons for Special-Category Data Processing
Sub-obligation of Article 4a: Apply Required Safeguards When Processing Special-Category Data for Bias Detection or Correction
Article 59(1)(d)-(e)
Segregate, Secure and Restrict Sharing of Sandbox Personal Data
Sub-obligation of Article 59: Apply Article 59 Safeguards When Further Processing Personal Data in an AI Regulatory Sandbox