What is Personal Data?

 The Definition of Personal Data is contained in s1 of the Data Protection Act 1991. Personal Data is data that relates to a living individual who can be identified from the data or from the data and other information which is in possession of, or likely to come into the possession of, the data controller.

 

Personal data includes opinions expressed about the person and indications expressed by the data controller or any other person towards the person concerned.

 

Whether data is covered by the Data Protection Act as personal data depends therefore on both the nature of the data and the use to which it is, or could be, put. Clearly, the definition is capable of including a wide variety of data about a person. The leading British case on what is and what is not personal data implies a rather narrow interpretation, but a recent EU opinion implies that the definition should be interpreted quite widely.

 

The office of the Information Commissioner has issued a guidance note on what constitutes personal data which includes a helpful flowchart .

 

If you require guidance on whether information is personal data or on the management of personal data which you hold, we can advise you.