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The number is not that important - e point is that if t
 Lawrence

The number is not that important - e point is that if the data
controller can identify them then it is personal data.

The real problem comes when it is also sensitive personal data because
of the stricter requirements of Schedule 3. For ordinary personal data
you can rely on Schedule 2 Condition 6 - if they are not publicly
identifiable then there can be no "prejudice to the rights and freedoms
or legitimate interests of the data subject".

One of the issues in Collie was that the application was to the CSA who
do not have a statutory obligation to publish health data/statistics so
in the absence of specific consent they had no gateway. The request was
remitted to the SICO on the basis that if they could find a way to
publish such that not even the CSA could identify the individuals (I do
not believe they possibly can) they could do so. There it is still
sitting I believe.



Phil Bradshaw



-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of
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Sent: 27 May 2009 18:21
To: [log in to unmask]
Subject: Re: [data-protection] Biometric Data on Flash Drive

I am curious about the issue related to the number of employees of a
specific religion and foi.  What is the magic number to suggest that
someone can be identified? What if there were 20 jedi or 20 catholic? Is
it the number or something else?

If I know someone has had a compromise agreement with a council and I
want the number since 2006 with reference to this person's specific
field (say repairs and maintenance) and the FOI search comes back with 8
cases over the time period, is this now personal information because the
applicant already knows the identity of one of the cases ie a neighbour
or ex partner?

What about scores on an internal exam where you want to know how people
from your department scored. If there are say 20 people and you know
your score and you just want a list of scores, is that enough to make
the other scores personal information?

What is special about a small number and what makes a small number?  Why
13 and not say 35? Or 10?

Furthermore what will trigger the need to consult the readily identified
people?  For example if I ask for the number of people born on July 4 in
the org, is that senstive it comes back with 3?

Just curious,

Lawrence


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