The confusion re opinions and intentions can be laid at the door of the 1984 Act; it said opinions about a data subject were personal data but the intentions of the data controller towards the data subject were NOT personal data.
The 1998 Act had to follow Directive 95/46/EC and said such opinions and intentions were both personal data; this was to make this clear that the 1984 construction did not apply.
However, the management forecasting and negotiation exemptions in Schedule 7 of the 1998 Act were added to the DPA to cover the loss of the "intentions" part of the definition in the 1984 Act.
Both opinions and intentions are personal data in the new DP bill before Parliament and are therefore subject to SARs etc
C
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jennifer Chambers
Sent: 02 January 2018 15:38
To: [log in to unmask]
Subject: [data-protection] Section 1 (1)(e) DPA1998 Vs Article 4 (1) GDPR
I'm working on refreshing our SAR guidance for staff, and I've realised (I know, I'm slow) that the new definition of personal data in the GDPR doesn't include "any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual" (Sec 1 (1) (e) DPA1998).
A question, then, for those of you who process SARs regularly - will this change the nature of SAR releases?
I have to wrestle the 'any expression of opinion' clause a lot - managers are often reluctant to release emails where they have expressed an opinion about someone, particularly where the 'someone' is not specifically identified. This could also apply to comments made by neighbours in complaints.
I would be really interested to hear what you think.
Happy New Year
Jennifer Chambers
Information Governance Manager
Southwark Council
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