The UK Guidance on “Personal Data”: How it Relates to Durant

December 01, 2007

Hot on the heels of the Article 29 Working Party opinion on the concept of personal data of June 2007 (the “WP Opinion”), we now have the UK ICO’s new guidance (the “ICO Guidance”), which, by means of eight questions (and many examples), is intended to assist data controllers in deciding whether they are processing personal data. In this article, we discuss one feature of that guidance (that which was considered in the Durant case); namely, what is meant by the requirement that information must “relate to” an individual before it can be personal data. We also discuss whether the ICO Guidance is consistent with the Durant case. 

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