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What Is Considered Sensitive Personal Information?

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Some privacy statutes explicitly reference “sensitive” or “special” categories of personal information. While such terms, when used, often include similar data types that are generally considered as raising greater privacy risks to data subjects if disclosed, the exact categories that fall under those rubrics differ between and among statutes. Furthermore, other privacy statutes do not expressly reference “sensitive” categories of personal information, but they functionally impart additional protections on certain categories of personal information. As a result, many data privacy attorneys colloquially refer to the fields as “sensitive” or “special.”

In this article, Greenberg Traurig present a side-by-side comparison of how some of the main state-level data privacy statutes define the term.

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