Data Protection Act, 2023, sensitive personal data and children's consent
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In force.
A sensitive categories rule binding public and private bodies.
As of 19 September 2026.
What it requires
- Treat biometric data, race, clan or ethnic origin, religious belief, health status, marital status or sex life, and political opinion or affiliation as sensitive personal data, and apply the measures the Data Protection Authority prescribes by regulation for processing it.
- Obtain consent from a parent or other appropriate legal representative before processing the personal data of a child or of an individual otherwise lacking legal capacity, unless the child is sixteen or older and is asking for an electronic service themselves.
- Apply appropriate processes to verify the identity and age of a data subject and of a representative giving consent for them.
What it reaches
Obligation class
Consent, Biometric
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Article 2(15) defines sensitive personal data as personal data relating to an individual's biometric data, race, clan or ethnic origin, religious beliefs, health status, marital status or sex life, or political opinions or affiliations, together with any further category the Authority prescribes by regulation.
Article 14(5) empowers the Authority to prescribe in regulations the measures that must be applied to the processing of sensitive personal data, having regard to the risk of significant harm, the expectation of confidentiality and the protection afforded to personal data generally, so the heightened measures themselves are set by regulation rather than by the Act.
Article 16 requires consent for a child or an individual otherwise lacking legal capacity to be obtained from a parent or other appropriate legal representative, permits a data controller to rely on the consent of a child aged sixteen or more for information and services supplied by electronic means at that child's own request, lets the Authority extend that to a child aged thirteen or more by regulation, and requires a controller to verify the identity and age of the data subject and the representative.
The Act comes into force on adoption by the Federal Parliament, promulgation by the President and publication in the Official Bulletin, and no publication date has been located, so the day it took effect is not stated here. The Act is operative: in January 2026 the Authority announced that the Council of Ministers had approved regulations issued under article 41.
When LexLint raises it
processes_biometricsprocesses_voicecrawls_webtrains_models
Read the law
Text of the Data Protection Act, Law No. 005 of 2023, reproduced by DataGuidance
the Data Protection Authority names the Act and its own copy of the text is not available
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.