header-logo header-logo

27 September 2007 / Helen Hart
Issue: 7290 / Categories: Features , Data protection
printer mail-detail

Personal concepts

The EU is promoting a broader definition of personal data, says Helen Hart

The EC Article 29 Data Protection Working Party has issued its opinion regarding the definition of personal data (Opinion 4/2007 on the Concept of Personal Data). UK organisations could find their statutory obligations more onerous if UK courts apply the working party’s wide interpretation instead of the controversial restrictive interpretation of the concept of personal data in Durant v Financial Services Authority [2003] EWCA Civ 1746, [2003] All ER (D) 124 (Dec). The Information Commissioner’s Office has issued a technical guidance note at www.ico.gov.uk which largely follows the opinion.
Art 2(a) of the Data Protection Directive 95/46/EC (the Directive) defines personal data as “any information relating to an identified or identifiable natural person”. The opinion analyses the four main elements set out in the definition.

“Any information”

Personal data includes any statements about a person. It covers objective information, such as the presence of a certain substance in one’s blood, and subjective information, opinions or assessments. It does not have to be

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll