Data Protection - Determining what is personal data

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Information is only governed by the provisions of the Data Protection Act 1998 if it is both

• "data" that is processed automatically, i.e. by computer, or as part of a "relevant filing system", i.e. manual paper records , and
  
  
• "personal data" that refers to an identifiable individual.

The 2003 decision of the Court of Appeal in the case Durant v Financial Services Authority was generally understood to have adopted a rather narrower interpretation of "personal data" and "relevant filing system" than most practitioners and experts had followed previously. Following that decision, the Information Commissioner published guidance on the implications of the Durant judgement.

In June 2007, a Working Party agreed an opinion on the "concept or personal data" and this has now been developed into new guidance, with practical examples, that illustrate the key considerations when deciding what is "personal data". Detailed new guidance is also being prepared on "relevant filing systems" and will be published in due course.

The new guidance on "personal data" covers areas where it may be immediately obvious whether data is "personal" or not, e.g.

• data that does not include the person's name
  
  
• salary information included in a job advertisement
  
  
• photographs that include members of the general public
  
  
• a person's name as an attendee on the minutes of a meeting
  
  
• information in the minutes of a meeting about a person who was discussed at the meeting, e.g. candidates for a vacancy, a disciplinary hearing
  
  
• vehicle tracking data used to locate individuals.

...UK Payroll News - Latest

Further information:
Data Protection Technical Guidance - Determining what is personal data

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