We have been aware for some time of the need to replace our guidance on the implications of the Durant judgment. Inevitably that guidance reflected the fact that the Court of Appeal was widely understood to have adopted a rather narrower interpretation of “personal data” and “relevant filing system” than most practitioners and experts had followed previously. We recognised the need to produce guidance with a greater emphasis on what is covered than what is not. In June 2007 the Article 29 Working Party, an advisory committee composed of representatives of the national supervisory authorities, agreed an opinion on the “concept of personal data”. Though our guidance is structured differently we are satisfied that it is consistent with the approach taken by the Working Party. Both the Opinion and our guidance make great use of practical examples to illustrate the key considerations when deciding whether or data is personal data.
Our previous guidance covered the meaning of both “personal data” and “relevant filing system”. This guidance covers only “personal data”. We intend in the near future to publish guidance on the meaning of “relevant filing system”. In the mean time we are retaining the appendix to our previous guidance, Frequently Asked Questions on “relevant filing systems”. This includes the “temp test” to help organisations decide whether they hold information within a “relevant filing system”.
Determining what is personal data (PDF) Determining what is personal data (HTML)
FAQ’s about relevant filing systems