If particular data does not meaningfully touch on our privacy, then in a sense why should it fall within the ambit of the legislation at all? As is made clear by the recitals to Directive 95/46/EC (from which the DPA is derived), the core aim of the Directive is to protect our fundamental right to privacy in the context of the management of our data.
#Edem professional
In short, it is information that affects his privacy, whether in his personal or family life, business or professional capacity.’ (§28)Īuld LJ’s conclusion that the information must be something which affects the data subject’s privacy is of course unsurprising. The information should have the putative data subject as its focus rather than some other person with whom he may have been involved or some transaction or event in which he may have figured or have had an interest, for example, as in this case, an investigation into some other person’s or body’s conduct that he may have instigated. ‘The first is whether the information is biographical in a significant sense, that is, going beyond the recording of the putative data subject’s involvement in a matter or an event that has no personal connotations, a life event in respect of which his privacy could not be said to be compromised. 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: 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 EWCA Civ 1746, 1 Info LR 1.
1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. Deciding whether information which arguably relates to an individual amounts to their ‘personal data’ for the purposes of s.
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