Law on Protection of Personal Data, special category data
Law of the Republic of Armenia on Protection of Personal Data, Law No. HO-49-N, Art. 12
In force since .
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app that processes a category of special data covered by Art. 12 from a person in Armenia must obtain the data subject's consent or rely on a specific legal provision authorizing the processing, and must stop processing immediately once that basis or purpose no longer applies.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does "առողջական վիճակին" ("health condition") in Article 3(1)(14) reach information about a person's health that is inferred from data that is not itself about health, such as purchases or browsing history?
- Can the consent that Article 12(1) requires for special category data be deemed given under Article 9(4), which provides that consent "համարվում է տրված" ("is deemed given") in three listed cases, or must it be given in the form Article 9(7) lays down?
What it makes you log
Logging duty
Article 12 bars the processing of special category data without the data subject's consent unless a law directly provides for it, and requires the processing to stop at once when its basis or purpose lapses. It requires no log or record.
- Kind
- None
- As of
What this law does
Art. 12 sets a single, general condition for special-category processing: processing without the data subject's consent is prohibited except where it is directly provided for by law, and processing must stop immediately once its legal basis or purpose lapses. This is a single ground, consent or a legal provision, considerably thinner than a multi-ground special-category structure.
Art. 3(14) defines special-category data as information on a person's racial or national affiliation or ethnic origin, political views, religious or philosophical beliefs, trade-union membership, health and sex life, and biometric data is instead addressed by a separate, dedicated article (Art. 13), not folded into this general special-category rule.
When LexLint raises it
When your app profile says your app processes personal data.
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