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This topic was a subject which we took up in our newsletter where we
analysed the Durant judgment. We disagree with the OIC's view that a
record of a name was not personal data.
If you conclude, as we have done, that if a record of a name is data -
then it is also personal data if there is an identifiable data subject -
it follows that [log in to unmask] is personal data.
However, in general we expect that for a private sector organisation,
mere mention of a name in a paper record will not be not data and
therefore cannot be personal data. For public sector bodies, we think a
record of a name will most likely to be personal data (thanks to FOI)
I have extracted a file which explains our analysis.
If you want a copy, reply to this e-mail.
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Dr. C.N.M. Pounder
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Consultant & Editor of Data Protection & Privacy Practice
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Information & Technology Group
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Masons - International Law Firm
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DDI: +44(0)20 7490 6605
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Fax: +44(0)20 7490 2545
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E-mail: [log in to unmask]
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Post-mail: 30 Aylesbury Street, London EC1R 0ER, UK
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www.masons.com
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www.out-law.com
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