header-logo header-logo

18 October 2007 / Helen Hart
Issue: 7293 / Categories: Features , Data protection
printer mail-detail

Defining issues

What constitutes “personal data” in law?
Helen Hart reports

W hen the Court of Appeal adopted a highly restrictive definition of the meaning of “personal data” in Durant v Financial Services Authority [2003] EWCA Civ 1746, [2003] All ER (D) 124 (Dec), the decision was considered controversial. It led to the European Commission issuing a “letter of formal notice” to the UK government which identified five key areas of concern regarding the UK’s implementation of EU Data Protection Directive 95/46/EC, one of which was understood to be the narrow interpretation of personal data.

DEFINITIONS
 

Section 1(1) of the Data Protection Act 1998 (DPA 1998) defines personal data as data that relate to a living individual who can be identified:
(a) from those data; or
(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller; and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

Article

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll