It contains a name, which, while not unique, is, "with other information" capable of identifying an individual. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of davidwyatt Sent: Friday, December 03, 2004 2:02 AM To: [log in to unmask] Subject: Re: [data-protection] Research Tim > It is relatively simple to see that 'shoe size' in isolation is not > personal data, but that "Tim Trent's shoe size is X" is personal data. How does that statement uniquely identify a single individual? Doesn't do it for me without additional data being available or being created by assumptions. David ----- Original Message ----- From: "Tim Trent" <[log in to unmask]> To: <[log in to unmask]> Sent: Thursday, December 02, 2004 2:26 PM Subject: Re: [data-protection] Research > The real issue is always context. > > "What is personal data?" or "Is 'shoe size' personal data?" are not > questions that can be posed in isolation. Ignoring the word "Living" > at present, the question to be posed is "Is 'shoe size' personal data > if it is linked in some precise manner to a particular individual?" > > It is relatively simple to see that 'shoe size' in isolation is not > personal data, but that "Tim Trent's shoe size is X" is personal data. > > -----Original Message----- > From: This list is for those interested in Data Protection issues > [mailto:[log in to unmask]] On Behalf Of Tim Turner > Sent: Thursday, December 02, 2004 1:46 PM > To: [log in to unmask] > Subject: Re: [data-protection] FW: [data-protection] Research > > I think I understand what they are saying, and I think that they have > a point. > > There are people who operate less on a clear understanding of the > legislation, and more on a fuzzy, almost incoherent set of assumptions > and instincts. They then get annoyed with people at the Commissioner's > office, when they stick to what the words in the Act (and associated > regulations) actually say, rather than what these people want to hear. > Some people seem to fix upon concepts like privacy and confidentiality > when what they should be doing is concentrating on what the Act (and > for example the Privacy and Electronic Communications Regs) say. If > all else fails, people cling to the notion of the "spirit of the Act", > which is ironic given how soulless the DPA actually is. > > I witnessed so-called experts in heated debate about what personal > data is all about, but to be honest, such debates are usually more > about instinct and assumption that hard fact. I'm not saying I'm > necessarily any different, but I don't think that there is a clear, > legally-sound definition of "personal data" around which everyone can > warm their hands. If there was one, whatever it was, a significant > minority would immediately reject it as too broad, or two narrow. > > Tim Turner > Data Protection Officer > Wigan Council > >> ---------- >> From: John Hughes[SMTP:[log in to unmask]] >> Reply To: [log in to unmask] >> Sent: 02 December 2004 12:53 >> To: [log in to unmask] >> Subject: [data-protection] FW: [data-protection] Research >> >> Interesting sentence on page 7 of "What are personal data": >> >> "Where there is a large literature on data protection, the >> interpretation of 'personal data' is seldom addressed, and the >> meaning of the concept tends to be assumed rather than rigorously analysed." >> >> Funny, I rather had the impression that it had been analysed to death >> and pulled to pieces in a dozen different directions. Nor am I aware >> of anyone who is involved in the application of data protection >> having assumptions about its meaning - very much the opposite. It >> stikes me as a very strange comment. >> >> John >> >> >> >> -----Original Message----- >> From: DREW Nic [mailto:[log in to unmask]] >> Sent: 02 December 2004 08:20 >> To: [log in to unmask] >> Subject: [data-protection] Research >> >> >> The IC has published Research Finding's on, amongst other things, >> "What are personal data" >> >> >> >> http://www.informationcommissioner.gov.uk/eventual.aspx?id=6841 >> >> >> >> >> >> Nic >> >> >> >> >> >> >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ >> All archives of messages are stored permanently and are >> available to the world wide web community at large at >> http://www.jiscmail.ac.uk/lists/data-protection.html >> If you wish to leave this list please send the command >> leave data-protection to [log in to unmask] >> All user commands can be found at : - >> http://www.jiscmail.ac.uk/help/commandref.htm >> (all commands go to [log in to unmask] not the list please) >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ >> >> >> ===================================================================== >> = >> ==== >> = >> This e-mail and any files transmitted with it are confidential. 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