Thursday, 9 January 2014

When Data is Personnel

[20113] EWHC 2575 (Admin)


The High Court had to decide whether data contained in a statement given by a third party to an authority was personal data and a disclosure of that information to the applicant would therefore require third party's consent. The court held that the following criteria must be affirmed to determine data is personnel:

a) Data is being processed, recorded or forms part of an accessible record
b) Living individual can be identified from the data
c) Data relates to individual
     - biographical information, identity and characteristics
     - impact on individual's rights and interests

     - individual identifiable and central theme


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