Classification
Data Protection Law and AI Governance
Overview
The 'Additional Bases (+3)' refers to three extra lawful grounds for processing special categories of personal data under the General Data Protection Regulation (GDPR), supplementing the standard legal bases. These are: (1) processing of personal data made manifestly public by the data subject; (2) processing necessary for scientific or historical research purposes or statistical purposes; and (3) processing by not-for-profit bodies with a political, philosophical, religious, or trade-union aim, provided the processing relates solely to members or former members and is not disclosed outside the organization. These bases are intended to enable socially beneficial data uses while maintaining protections for sensitive data. A key limitation is that these grounds are subject to additional conditions and safeguards, such as data minimization and, in some cases, member consent. Furthermore, their application may vary depending on national implementations, creating complexity for multinational organizations.
Governance Context
Under GDPR Article 9(2), these additional bases provide lawful grounds for processing special categories of data, but organizations must implement strict controls. For example, Recital 52 and Article 89 require appropriate safeguards for research, such as pseudonymization and technical measures to protect data subjects' rights. Not-for-profit organizations must ensure processing is limited to members and not disclosed externally (Article 9(2)(d)). For manifestly public data, controllers must verify the data subject's intent and ensure that public availability is explicit and voluntary. Obligations include (1) conducting and documenting Data Protection Impact Assessments (DPIAs) where risk is high, and (2) maintaining detailed records of processing activities and legal justifications. These obligations are reinforced in frameworks like the UK Data Protection Act 2018 and the European Data Protection Board (EDPB) Guidelines, which specify risk assessments, documentation, and transparency requirements.
Ethical & Societal Implications
The additional bases enable valuable uses of sensitive data, such as advancing scientific research and supporting non-profit missions, but also introduce risks. There is potential for misuse if organizations misinterpret what constitutes 'manifestly public' data or fail to implement adequate safeguards, leading to privacy violations and erosion of trust. The non-profit basis can be exploited if data is shared beyond intended boundaries. These bases require careful balancing of societal benefits and individual rights, demanding strong oversight, transparency, and accountability mechanisms. The complexity of national implementations and evolving digital contexts (e.g., social media) further challenge ethical compliance.
Key Takeaways
The three additional bases expand lawful processing options for special category data under GDPR.; Each basis imposes specific safeguards, such as data minimization and member-only processing.; Misapplication can result in significant compliance risks and privacy breaches.; National implementations and sectoral regulations may introduce further requirements or restrictions.; Organizations must document their legal basis and apply technical and organizational controls.; Controllers must assess and verify the data subject's intent when relying on manifestly public data.; Regular training, audits, and risk assessments are essential to ensure sustained compliance.