The TICO advice following Durant regarding what makes data personal
stated:
***The Court of Appeal concluded that data will relate to an individual if it:
'is information that affects [a person’s] privacy, whether in his personal or
family life, business or professional capacity.'" and continues The Court
identified two notions that may assist in determining whether information
“is information that affects [an individual’s] privacy” and,
therefore, “relates to” an individual:
'The first is whether the information is biographical in a significant
sense, that is, going beyond the recording of [the individual’s]
involvement in a matter or an event which has no personal
connotations…'
The second concerns focus. “The information should have the
[individual] 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…'
Where an individual’s name appears in information the name will only
be ‘personal data’ where its inclusion in the information affects the
named individual’s privacy.***
My point relating to the above is that if the employer requires an individual
to attend training for a day rather than their normal place of work and the
individual does not attend, for whatever reason, nor do they attend work
the employer has a right to know. The disclosure that the individual did
not attend the training would be legitimate in that the individual is
contracted to be at work and it could be argued that non attendance does
not affect that individual's privacy. If my employer wishes to speak to me
and I am not at my desk I believe my employer has a legitimate right to
ask where I was, the argument that it is personal data and non-
disclosable does not fit comfortably.
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Chichester House 002
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
Quoting "Lewis, Chris G." <[log in to unmask]>:
> -----Original Message-----
> From: This list is for those interested in Data Protection issues on
behalf
> of Charles Oppenhiem
> Sent: Mon 05/09/2005 12:07
> To: [log in to unmask]
> Cc:
> Subject: Re: [data-protection] Employer request
>
>
>
> >Er, sorry, but the Act says that personal data is data about a living
> >identifiable individual. You can't make up your own definition!!
>
>
> Um, no. Personal data is defined as data about a living individual who
can be
> identified from that data, or from that data in conjunction with other data
> about that individual held by the data controller. Slightly different to
> "data about an identifiable individual". Sorry to have to put on the
pedant's
> hat here.
>
>
>
>
>
>
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