The important thing to remember was that in its attempt to minimise the impact of the DPA (remember the DP Bill in 1997 was a HOME OFFICE Bill as was the FOI Bill), the UK Government took every opportunity to introduce exceptions (e.g. Relevant Filing System reduced access to manual records; it still does)and exemptions (some of which are not reflected in Article 13 of Directive 95/46/EC) and law which gave rise to Durant-type decisions.
The DPA Act has given rise to possible infraction proceedings (which the European Commission claim are still "on-going") and the definition of "personal data" is still in the frame as being deficient.
Jonathan is correct to point out that it is the jurisprudence of the FOI/DP interface that has corrected the Durant decision; in the FOI context the "means likely to be used by any other person" had to be involved to allow release of statistics under FOI - otherwise stats could not be released".
The point of the blog was to point out that " or by any other person" should have been in the original definition of "personal data" in the UK Act; that is why I the blog stresses the definition is deficient.
C
-----Original Message-----
From: Jonathan Baines [mailto:[log in to unmask]]
Sent: 30 January 2015 11:43
To: [log in to unmask]; Chris Pounder
Subject: Re: FW: Hawktalk: ECJ Ryneš ruling implies IP addresses are personal data in themselves
I would tend to argue that, since the FOI cases of CSA v OSIC, DoH v IC and Magherafelt v IC, the second limb of the definition of "personal data" in s1(1) should be read to include "...means likely reasonably to be used either by the data controller *or by any other person*". See 61-67 of Magherafelt (which was, notably, stayed pending the ruling of the High Court in the DoH case).
http://www.bailii.org/uk/cases/UKUT/AAC/2012/263.html
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