Taking Simon's argument further, if it is obvious from the content of the email that "SH" is Simon Howarth, perhaps by reference to an activity performed by Simon, then that email surely constitutes Personal Data.

This discussion begs a number of related questions:

1) If the subject refers to "SH" and it is (as) obvious from other emails in the thread that this is Simon, does that email not constitute PD?

2) In such a situation, does the entire thread constitute PD?

[Subject, of course, to the mainstream tests.]

It will probably be necessary to read each email to determine this, which leads to question (3).

3) I have a situation at the moment where the Data Subject, an ex-employee, has requested those Personal Data in emails, including emails sent and received by themselves.  Their Inbox and Sent mailbox contain over 10,000 emails.  Because of limitations in the configuration of the email system itself, it is impractical to search through this number for the myriad content /subject references.  The emails are likely to contain commercially-sensitive information which is not PD, and which we would not wish to supply.  Further, the emails contain innumerable references to other parties.

My current thoughts range among:

a) inviting the DS in to read the file, with the stipulation either that notes cannot be taken or that any notes must be vetted before being taken away.

b) claiming an exemption to supply under s8(2) by reason of disproportionate effort;

c) asking the DS to identify the correspondents with whom their PD would have been included in emails (e.g. HR), but that would have to be named individuals or specific mailboxes.  In and of itself, this raises an issue of identifying an email from DS to another (or vv) in which some 'of the moment' biographical data was cited, e.g. "I'm in the office now if you want to call."

Has anyone faced this challenge and what did ('would' for those who haven't) you do?

Interestingly, the advice on disproportionate effort given by the ICO Helpline followed Durrant,
/Ezsias/Elliott rather than the Code of Practice and established ICO interpretation of s8(2).

4) Staying with addresses, but turning to postal ones, what of a Post Code?  Clearly, in the vast majority of instances a Post Code is not PD, but it could refer to a single property with single occupancy.  An LA might be able to identify that situation, but it is highly unlikely that (say) a retailer will have such information in their possession, or even be able to get it.

So, to borrow a phrase, does the panel think that any Post Code need not be treated as PD *if* the Data Controller has no (easy) way to confirm the number of properties covered and the occupancy of those?

It is clear from the posts on here that there is a world of difference between the ordered, detailed information held by public sector bodies about their 'customers' and the less-ordered, and variably dimensioned and formatted data held about customers in the retail sector.

Many thx - Michael



On 9 Jan 2013, at 05:15, Simon Howarth <[log in to unmask]> wrote:

> Hi,
> 
> I can understand the view. However, if you look up what "subject" means, "...a person or thing that is being discussed, described, or dealt with". I would suggest that by putting someone's name in the subject line of an email, legally(?) makes that email about the person, whether they are mentioned again or not. The implication is that the person's name in the subject means that the email is "about" them, regardless of the personal nature or not of the content. If the email is headed "Meeting to discuss SH" as opposed to Simon Howarth then the personal identification is removed and I would be inclined to agree with you, but by making the email "about" a person, then I would say the information is personal. Disclosure would then be subject(!) to exemptions/conditions.
> 
> 
> Simon Howarth MSc. MBCS CITP
> 
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Michelle Peel
> Sent: 09 January 2013 09:34
> To: [log in to unmask]
> Subject: Re: [data-protection] Addresses being personal data
> 
> Morning,
> 
> Interestingly I would take the opposite approach to Simon! When we've had to trawl emails for personal data for DSARS I have taken the view that the email has to be "about" the data subject in order to count. So emails which have the subject line of "Jane Bloggs" but the content is about "are you free for a meeting to discuss this case" etc. would not count, unless there was something about "Jane Bloggs" also in there e.g. "can we reschedule this meeting as Jane Bloggs is still off sick."
> 
> So to answer your question brenda, I would discount any emails which are staff arranging time to visit the properties, unless there is something which is "about" the data subject in there too.
> 
> Best wishes,
> 
> Michelle 
> 
> Michelle Peel
> CYPS Information Governance Officer
> Trafford Council
> 
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