In a message dated 04/03/2002 08:51:23 GMT Standard Time,
[log in to unmask] writes:
<< However, the thought ran through my mind as to whether DNA would
be regarded as personal data (and possibly sensitive data) but
how well does it fall into the Act's definitions of data? >>
---------
This is a good one to start the week!
"personal data" means data (in this case a DNA profile extracted from the
sample or even the sample itself stored in a jar) which relate to a living
individual who can be identified-
(a) from those data, or
(b) from those data and other information which is in the possession
of, or is likely to come into the possession of, the data controller .
. .
If I had left some on a cup and the person who stole it knew it was mine
(they watched me drink from the cup, they knew that no-one else had drunk
from the cup, and they knew my identity) then it is of course personal data
(and sensitive data if it indicates my current mental state - it is Monday
morning after all). If they didn't know it was mine (they are taking random
samples) but hope to match it up with my DNA stored following a criminal
inquiry, they might be out of luck in terms of evidence gathering rules
(assuming the police are involved). If it is stored on the basis of "random
sample - unknown person" then it might just escape the Act but as soon as
there is an intention to match . . .
As far as I know, the technology to accurately "blind-identify" a person from
DNA alone is not yet available but they are working on it - a sort of
profiling is already possible in that they can identify a "person type" from
the DNA.
By the way, who was stealing the DNA?
Ian Buckland
MD
Keep IT Legal Ltd
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