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Personal Data

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Data Protection Technical Guidance – Determining what is personal data

8.1  Can data about objects be personal data about an individual even
though the data controller does not currently use such data to
learn, record or determine something about that individual?
 
Even though the data is not usually processed by the data controller to
provide information about an individual, if there is a reasonable chance that
the data will be processed for that purpose, the data will be personal data.

If, as a matter of fact, data is occasionally processed to learn something about
an individual, even though it was not the data controller’s intention to process
the data for this purpose, this data will be personal data as the processing
does, or is likely to, impact on the individual.
 
When considering data about objects, if the data is processed to provide
particular information about an individual (for example, information about a
biscuit-making machine is used to assess the productivity of the operator of
the machine) the data will be personal data.
 
Where data about objects is not currently processed to provide particular
information about an individual, but could be processed to provide information
about an individual (for example, taxi location data) the data is likely to be
personal data.
 
What is being considered here is whether the processing of the information
has or could have a resulting impact upon the individual even though the
content of the data is not directly about that individual, nor is there any
intention to process the data fo the purpose of determining or influencing the
way that person is treated.

See Data Protection Technical Guidance – Determining what is personal data
for full text including relevant examples.

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Written by bernardhornet

April 27, 2011 at 8:42 am

Posted in Uncategorized

Tagged with , ,

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