At a recent seminar on the impact of Durant, the following distinction was made: -
a) the existing personal data definitions and data controller obligations should continue to apply when collecting and processing data. The Robertson case still holds water here.
(The OIC also made an interesting definition of "potential personal data" - e.g. if you think it might be in some circumstances, treat it as if it were).
but
b) when deciding which data are personal in order to meet a subject access request, the Durant definitions must be taken into account.
The complexity is that personal data under Durant may of necessity vary according to the situation and that each case (and each element of each case) will have to be studied on its own merit. The simplification (or charter for bad filing, as I like to think of it) offered by the definition of "relevant manual filing system" may help in reducing the circumstances that need to be considered - unless FOI would apply.
Has Durant created a 2-tier definition of personal data? Will it last?
regards
Su
davidwyatt <[log in to unmask]> wrote:
Thanks Donald comment noted
My response to your comment is .
But doesn't virtually every employer do so via records in their employees
recruitment file???
David
----- Original Message -----
From: "Donald Henderson"
To:
Sent: Tuesday, February 17, 2004 8:46 AM
Subject: Re: [data-protection] Query - Signature as Personal data
Even pre-Durant, it's very unlikely that a the signature would have been
part of an accessible record - unless someone was odd enough to file it
under your personal identifier !
Donald Henderson
Information Security Manager
Perth & Kinross Council
----text edit sg/19/02/04-------
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