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In combination they most certainly are - Mr Bloggs of XYZ limited is probably sufficietn to identify a living person. Just XYZ limited on its own is, as you say, not personal data. -----Original Message----- From: This list is for those interested in Data Protection issues on behalf of Graham Lewis Sent: Mon 23/05/2005 11:26 To: [log in to unmask] Cc: Subject: Re: [data-protection] Sole Traders How can information concerning Mr Bloggs' company be classed as personal information? Personal information surely only relates to a living person. Whilst a limited company is a legal person it most certainly is not living. Graham Lewis -----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]] Sent: Monday, 23 May 2005 11:05 To: [log in to unmask] Subject: Re: [data-protection] Sole Traders The request from Mrs Bloggs should only yield information about herself and general details of the property. DPA will cover her personal data and her involvement in the property. The details of Mr Bloggs - and his company - are personal data about him, not her. Also, if the property address identifies an individual and contains personal data about either person (or both people) it can be personal data too. As an example, if the property was a rented property with only Mr Bloggs' name on the rent book, and the record shows the rent is in arrears, this is personal data and should not be revealed. If the liability is joint, the disclosure is probably okay although it may be prudent to seek Mr Bloggs' consent if he is a third party named on the record. Sole traders are solely liable for any debts, outgoings, etc and so the data is definitely personal covered by DPA and will easily pass the Durant test. FOIA would be used for general details of the property (eg falls into Band D for CT, has three bedrooms, etc). Remember also that under licencing laws (Town Police Clauses Act 1847 and Miscellaneous Provisions Act 1976) certain details of taxi firms and drivers have to be made available for public inspection. Mrs Bloggs should be pointed in the right direction. Ian B Ian Buckland Managing Director Keep IT Legal Ltd Please Note: The information given above does not replace or negate the need for proper legal advice and/or representation. It is essential that you do not rely upon any advice given without contacting your solicitor. If you need further explanation of any points raised please contact Keep I.T. Legal Ltd at the address below: 55 Curbar Curve Inkersall, Chesterfield Derbyshire S43 3HP (Reg 3822335) Tel: 01246 473999 Fax: 01246 470742 E-mail: [log in to unmask] Website: www.keepitlegal.co.uk -------- In a message dated 23/05/05 09:29:36 GMT Daylight Time, [log in to unmask] writes: > Joe Bloggs is a sole trader and runs BloggCar Taxis with his wife. His > wife has made a SAR/FOIA request for info on Joe Bloggs, Mrs Bloggs, > BloggCar Taxis or their address 22, High Street. > > I understand this to represent the following > > Mrs Bloggs DP > Joe Bloggs DP > > 22, High Street FOIA > > However, with BloggCar Taxis, as Joe Bloggs is a sole trader, does the > company come under DP or exempt from DP as a business, or under FOIA ? > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This message is confidential. 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