Some of the Art29WP's comments actually go further, and suggest that
they think any identifer that permits recognition of the same equipment
is personal data, even if there is no possibility of linking it to a
name or address. For example (from Opinion 4/2007):
"At this point, it should be noted that, while identification through
the name is the most common occurrence in practice, a name may itself
not be necessary in all cases to identify an individual. This may happen
when other "identifiers" are used to single someone out. Indeed,
computerised files registering personal data usually assign a unique
identifier to the persons registered, in order to avoid confusion
between two persons in the file. Also on the Web, web traffic
surveillance tools make it easy to identify the behaviour of a machine
and, behind the machine, that of its user. Thus, the individual's
personality is pieced together in order to attribute certain decisions
to him or her. Without even enquiring about the name and address of the
individual it is possible to categorise this person on the basis of
socio-economic, psychological, philosophical or other criteria and
attribute certain decisions to him or her since the individual's contact
point (a computer) no longer necessarily requires the disclosure of his
or her identity in the narrow sense. In other words, the possibility of
identifying an individual no longer necessarily means the ability to
find out his or her name. The definition of personal data reflects this
fact."
I can see why you might want a definition that wide, because some
processing of those identifiers could lead to significant privacy
breaches. But if you combine the wide definition with the absolutist
requirements in the Acts and regulator guidance (e.g. "encrypt all
personal data on portable media") then you quickly get to a stage when
it's impossible to comply with the Act. For example if the source
addresses on IP packets are personal data, how can an ISP lawfully send
them to servers outside the EEA?
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
> Sent: 01 June 2010 15:41
> To: [log in to unmask]
> Subject: Re: Google has mapped every WiFi network in Britain
>
> But if you think the statement "Ena Sharples lives in Coronation
> Street" is personal data about that character, then "MAC 1234567890 is
> used in Coronation Street" may well be personal data about the
> individual using that MAC number (if you buy Mr Hustinx's argument, of
> course).
>
> So I think IP Addresses and Mac Numbers are the same. You don't need
> to know (in the sense of name/address/passport number/tap an live
> person on the shoulder)) who uses the IP/MAC to be processing personal
> data.
>
>
>
>
> Renzo Marchini
> Dechert LLP
> +44 (0) 20 7184 7563 direct
> +44 (0) 20 7184 7001 fax
> [log in to unmask]
> www.dechert.com
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: 01 June 2010 15:35
> To: [log in to unmask]
> Subject: Re: [data-protection] Google has mapped every WiFi network in
> Britain
>
> In message
> <[log in to unmask]>, at
> 13:54:26 on Tue, 1 Jun 2010, "Griffiths, Ian"
> <[log in to unmask]> writes
>
> >I think if one argues that IP is PD then the MAC being so would also
> >be the case. Particularly as the web logs which contain IP are
> comparable
> >to the war driving logs which Google now possesses.
>
> But most of the time the Streetcar can't tell which of the surrounding
> houses contains each access point, nor do they have the details of the
> owner of the AP.
> --
> Roland Perry
>
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