U.K. Court of Appeal Revisits the Definition of 'Personal Data': This Time It Is Personal

March 24, 2014

The U.K. Court of Appeal’s decision in Durant v Financial Services Authority [2003] (‘‘Durant’’) has commonly been seen to have restricted the definition of ‘‘personal data’’ to the benefit of data controllers, leading to criticism from EU data protection authorities (and some commentators) that, as a result, U.K. law does not properly comply with the EU Data Protection Directive  (95/46/EC) (‘‘Directive’’).

A recent case decided by the same court, Edem v Information Commissioner and another [2014] (‘‘Edem’’), suggests that Durant has been frequently misunderstood, and may have gone some way to assuaging the criticism.

Article by Dechert partner Renzo Marchini, a member of the World Data Protection Report Editorial Board.