Article 18

The prohibition on processing of personal data concerning a person’s race, referred to in Article 16, does not apply if the processing takes place:

a.                     with a view to the identification of the person concerned and solely to the extent that this is unavoidable for that purpose;

b.                     with the objective of assigning a privileged position to members of a certain ethnic or cultural minority group in order to eliminate or reduce actual disadvantages relating to their race and only if:

1°.     this is necessary for that purpose;

2°.     the data relate solely to the country of birth of the person concerned, his parents or grandparents, or to other criteria enacted by national ordinance, on the basis of which it is possible to determine objectively whether a person forms part of a minority group as referred to in the preamble to paragraph b, and

3°.     the person concerned has not submitted any written objection to this.