The 1995 Directive didn't contain the words either - they were introduced domestically by the 1998 Act, presumably just for emphasis.
However, is very clear from case law and guidance that any expression of opinion about an individual and any indication of the intentions of the data controller or any other person in respect of the individual will be personal data (see, most recently, the CJEU ruling in Nowak http://curia.europa.eu/juris/document/document.jsf?text=&docid=198059&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=931974).
Your colleagues will have to accept that if they are expressing opinions about identifiable individuals, data protection rights and obligations arise!
Best wishes,
Jon Baines,
Chair,
nadpo.co.uk
> On 2 Jan 2018, at 15:38, Jennifer Chambers <[log in to unmask]> wrote:
>
> 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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