Businesses will welcome recent guidance from the High Court on the definition of personal data. The court’s comments will be particularly useful for businesses faced with freedom of information requests and data subject access requests, where the meaning of personal data is difficult to assess.
The court’s decision establishes a “pecking order” for applying Durant v Financial Services Authority [2003] EWCA Civ 1746 (the leading authority on the meaning of personal data), the Data Protection Act 1998 definition of personal data, the guidance contained in the Article 29 Working Party’s opinion on the concept of personal data and the Information Commissioner’s technical guidance note, in circumstances where the meaning of personal data is difficult to assess. The decision also confirms that it is for the organisation in receipt of the request for information to decide which regime is appropriate and not the requester.
A checklist that highlights the key legal obligations that a business should consider when dealing with personal data about customers, suppliers, employees or any other individual who may be encountered during the course of business can be provided on request. Please contact me for further details.
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