Does a name in the subject heading mean the individual is the focus of
the information? Not necessarily.
Is it biographical in a significant sense?
Does it affect their privacy?

Basic questions I know but isn't it always better to go back to the
basics whenever you're not sure.  Works for me.

I think it's very difficult to say that any name in any email subject
heading is personal data as much depends on the content of the email.

Your legal friend (who I assume is a solicitor/barrister or legal exec
or equivalent) is wrong to suggest that any email he sends is protected
by legal professional privilege.  I've had the same argument with my
boss who is a solicitor following a request!

A very general overview of LPP is that it covers communications between
lawyers and their clients for the purpose of obtaining legal advice
(legal advice privilege), or documents created by or for lawyers for the
"dominant" (main) purpose of litigation (litigation privilege).



Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria  LA14 2LD
Tel:  01229 876452
Fax: 01229 876515 





-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 15 January 2011 05:10
To: [log in to unmask]
Subject: Re: [data-protection] Friday question: Names in subject lines
of emails what is your practice Yes, Maybe, or definitely not

Phillip
I see the Durant angle which reduces the issue, in one sense, in that
the name is just an identifier.  However two points remain. First, while
the name alone does not identify, strictly speaking, the context would
present itself by the use of the name.

A sar directed at the author of those emails on that subject, ie I, P
Bradshaw, would like all correspondence between A Lawyer and L Serewicz
on P Bradshaw, is unlikely to bring up P Bradshaw from Montana for
example and A Lawyer and L Serewicz are unlikely to have meant P
Bradshaw from Montana.

The second issue, related to the email etiquette, is that names alone
are not always used in the subject line. Names are usually accompanied
by the context. Consider the following three email subject lines.
1 Subject: P Bradshaw [HR Complaint: (grievance warning)]
2 Subject P Bradshaw [Medical Condition: (insert medical condition)]
3 Subject P Bradshaw [service request (empty bins)].

A casual glance at someone's screen or a printed email would show me, or
anyone else, personal information of P Bradshaw without any effort. In
the case of number 2, the medical condition it would be revealing
sensitive personal information. At the very least, that type of email
would raise questions under principle 1 and 7 as it does not look fair
nor does it look like the organisation is taking sufficient measures to
protect sensitive personal information.

If instead of a name we had a reference number, would inadvertent
disclosure be as likely?

If instead of 1 and 2 stating the issue, it said in 1 P Bradshaw (case
reference GC3253) and in 3 it said P Bradshaw (Bins 5656), the
inadvertent disclosure is less likely and it is likely to be better
suited to meeting principles 1 and 7.

In that sense an email about Bins 5656 could be a discussion at length,
never mention P Bradshaw and therefore not be P Bradshaw's personal
information because it is about Bins 5656, the bin collection issue,
rather than P Bradshaw's bin collection, which would be personal
information.

This is not to say such a conversation is not disclosable under an sar,
but you are less likely to breach articles 1 and 7, inadvertently, by
discussing Bins 5656 than you are P Bradshaw Bins issue.  Would a Bins
5656 be closer to the Durant argument than P Bradshaw Bins issue in that
it is about bins and p bradshaw is only in passing?

However,  I am very happy to be corrected on the above so I can get this
right in the future.

Best

Lawrence

Lawrence W. Serewicz
Principal Information Management Officer
Room 4/140
Durham County Council
DH1 5UF
0191-372-8371


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