Ouch! Sorry, but the dictionary was more immediately accessible than my copy
of the Act. However, from the Act:
1. - (1) In this Act, unless the context otherwise requires-
:
<snip>
"data subject" means an individual who is the subject of personal data;
"personal data" means data which relate to a living individual who can be
identified.....from those data
Lots of reference to "individual" here (although the Act doesn't define
"individual", so I hope you will forgive me if I rely on the dictionary for
that). I return to my point - landline number may not identify a single
individual, it can be shared by several individuals.
Stuart
-----Original Message-----
From: Michael Jason Lord [mailto:[log in to unmask]]
Sent: 21 June 2004 10:52
To: [log in to unmask]
Subject: Re: So What About a Mobile Phone Number?
Then details of an individuals relationship with their partner can be
freely discussed and passed on to others as such information does not
belong to one individual because there are two people in the
relationship.
I would argue that bot come under the banner of personal/sensitive. In
a legal context I don't think the Collins dictionary is the final word
and to suggest so is very naive.
>>> "Cashmore, Stuart" <[log in to unmask]> 06/21/04
10:42am >>>
Michael Lord wrote "It is just as valid to call it a personal detail as
a
landline phone number at home." My partner and I live at the same
address,
so her landline number is the same as mine. Which of us is it personal
to?
"Personal (adjective) - belonging to, or for the sole use of, a
particular
individual" (Collins Compact English Dictionary)
"personal" cannot belong to more than one person!
Stuart
-----Original Message-----
From: Michael Jason Lord [mailto:[log in to unmask]]
Sent: 21 June 2004 10:25
To: [log in to unmask]
Subject: Re: So What About a Mobile Phone Number?
The mobile phone number may be a series of numbers but it does
identify
a number of things. However, it does not identify a handset. It can be
used to identify a SIM card but both the SIM and the phone number may
be
registered to an individual (in the case of a contract mobile it is
always registered to an idividual). In cases where the number is
registered there will be details held, on one or more databases, of
personal/sensitive data for the individual to whom it is registered.
When calling a network for assisstance they will always ask for your
number as it is their means of identifying you. It is just as valid to
call it a personal detail as a landline phone number at home.
>>> Tim Trent <[log in to unmask]> 06/21/04 09:51am
>>>
I have a different view on phone numbers from that on email addresses.
A
mobile phone number is simply a collection of numbers. Unlike (eg) a
National Identity number is it not, of itself, capable of identifying
anything except a phone handset or SIM card. It is thus not personal
data.
However one is capable of arguing that a mobile phone number, since it
is a
personal attribute, is capable *with other information* of identifying
a
living individual in the same manner as a photograph.
Thus the context of storage and retrieval of the mobile phone number,
in my
view, creates scenarios where it may be able to be construed as
personal
data.
It differs from an email address since an email address leads "always"
to a
person and not to a computer.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<blocked::mailto:[log in to unmask]>
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Julian Curmi
Sent: Monday, June 21, 2004 9:47 AM
To: [log in to unmask]
Subject: [data-protection] DP - Email Address - Personal Data? So What
About
a Mobile Phone Number?
The discussion about whether or not an email address constitutes
personal
data or not, is very interesting. So what about a mobile phone
number,
whether or not one's own personal mobile phone number or a mobile
phone
number given to an employee by the respective employer?? May one argue
on
the same lines??
Regards
Julian Curmi
Information Security Officer
Bank of Valletta plc
Malta, Europe
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