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 2(a) of the Directive defines personal data as “any

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll