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 true or proven, as the Directive permits data subjects the

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll