Regulations last checked for updates: Apr 27, 2025

Title 28 - Judicial Administration last revised: Apr 18, 2025
§ 202.249 - Sensitive personal data.

(a) Definition. The term sensitive personal data means covered personal identifiers, precise geolocation data, biometric identifiers, human `omic data, personal health data, personal financial data, or any combination thereof.

(b) Exclusions. The term sensitive personal data, and each of the categories of sensitive personal data, excludes:

(1) Public or nonpublic data that does not relate to an individual, including such data that meets the definition of a “trade secret” (as defined in 18 U.S.C. 1839(3)) or “proprietary information” (as defined in 50 U.S.C. 1708(d)(7));

(2) Data that is, at the time of the transaction, lawfully available to the public from a Federal, State, or local government record (such as court records) or in widely distributed media (such as sources that are generally available to the public through unrestricted and open-access repositories);

(3) Personal communications; and

(4) Information or informational materials and ordinarily associated metadata or metadata reasonably necessary to enable the transmission or dissemination of such information or informational materials.

authority: 50 U.S.C. 1701
source: 90 FR 1706, Jan. 8, 2025, unless otherwise noted.
cite as: 28 CFR 202.249