Does anyone have any views on whether NoK contact details will automatically constitute the personal data of the NoK within the material scope of GDPR?
While a name and contact method in Student A's record, in the section that tells a reader 'I want this person contacted in the event of incident, accident, demise etc' would be a detail about Student A, I'm not so sure it would necessarily be NoK's 'GDPR-grade personal data'.
That is, Art 2 GDPR frames the general applicability of the regulation to "...the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system".
A name and contact address / number is generally taken to be personal data, but unless it forms part of the filing system that Student A's records are in - is it a type of NoK Personal Data that GDPR would be interested in?
Possibly dancing on the head of a pin here, but to my mind 'part of a filing system' is a rather more involved thing than being 'part of the files within a filing system': being part of a 'system' suggests being part of the machinery (literally or figuratively), in a way that can influence or contribute to the system's continued operation. Being a detail on a page inside one of the files - or not, if the detail were absent - would not have the same scope for influence over the filing system and so can't really be called 'part of the system'. A clumsy analogy would be a Post Office sorting office - envelope, address and stamp are part of the system as they can be automatically sensed by the machinery and their detail, presence or absence will have an effect on when or if they get delivered correctly and on time. However - the system won't automatically know whether the envelopes it is sorting contain good news, a Dear John letter, a final demand or a wad of tenners: the internal details are part of the post, in that they've definitely been posted - but they're no more part of the postal system than water in a pipe is a part of the plumbing.
Just my thoughts on the matter, anyway.
Happy 2019 All!
Deputy Data Protection Officer
Data Protection Office
Strategy, Performance and Transformation Directorate
Sunderland City Council
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