‘Deciding whether information which arguably relates to an individual amounts to their “personal data” for the purposes of s. 1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. In making the judgment call in any particular case, data controllers have routinely looked to the guidance set out Auld LJ’s judgment in the well known case of Durant v Financial Services Act [2003] EWCA Civ 1746, [2011] 1 Info LR 1. In his judgment, Auld LJ indicated that there were two “notions” likely to be of assistance when it came to determining whether particular data was sufficiently “personal” that if tell within the scope of the DPA.’
Panopticon, 7th February 2014
Source: www.panopticonblog.com
