Law note · France
GDPR Article 9 Special Categories, as Implemented by Loi 78-17 Article 6
cite Regulation (EU) 2016/679, Art. 9; Loi n. 78-17, Art. 6
stage In effect
since 2018-05-25
reviewed 2026-08-24
General Data Protection Regulation (GDPR) Article 9(1) lists biometric data processed for unique identification as a special category of personal data. Loi 78-17 Article 6 restates this special-category list with a cross-reference to the Regulation rather than a separate French list, confirmed by a direct fetch of the consolidated Legifrance text. No general publicly-available carve-out narrows this coverage in France; only Article 9(2)(e)'s narrow self-disclosure exception applies.
What it asks of an app
- Obtain an explicit General Data Protection Regulation (GDPR) Article 9(2) legal basis before processing biometric, health, or other special-category personal data of a person in France; Loi 78-17 Article 6 supplies no separate French basis beyond the Regulation's own list.
- Do not treat a photograph, video, or audio recording as processable merely because it is public; only the narrow Article 9(2)(e) self-disclosure exception applies to an identifier derived from it.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, high_risk_decisions
Primary source: Legifrance, consolidated text, Loi 78-17 Art. 6 (direct fetch)
GDPR Art. 9(1)