Mind you: a court following Durant might disagree with the ICO guidance you quote below (written pre Durant of course).
Why should information (such as, "not particularly good") about a business run as a sole trader with two personnel (proprietor plus one employee) be personal when the same information about a partnership of two (and no employees) not be personal?
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 11 January 2012 14:20
To: [log in to unmask]
Subject: Re: [data-protection] Sole Traders and Partnerships
Brenda
As I see it. Sole traders and non-limited partnerships are individuals.
However the information captured by the SAR would have to relate to the
individual i.e. an individual could be identified by the info and any
other info) otherwise it's not personal data. In respect of the other
partner(s) consent would be required from him/her or an accompanying
SAR.
ICO legal guidance (Section 2.2.1) states: -
Information about the business of a sole trader will amount to personal
data as information about the business will be about the sole trader.
Information about
an individual in a partnership will be personal data if it relates to a
specific partner.
This will be more likely in a small partnership.
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 Brenda Scourfield
Sent: 11 January 2012 13:54
To: [log in to unmask]
Subject: [data-protection] Sole Traders and Partnerships
I understand that sole traders are subject to the DP Act. What happens
to partnerships whcih are not limited companies and run a business and
one of them makes a SAR on behalf of himself and the business ?
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