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ARTICLE · 11 DECEMBER 2007

New Guidance On What Constitutes "Personal Data"

The Information Commissioner's Office ("ICO") has recently issued technical guidance, entitled "Data Protection Technical Guidance: Determining what is personal data" ("the Guidance") for data protection purposes.

United KingdomEmployment and HR
Barlow Lyde & Gilbert LLP
Barlow Lyde & Gilbert LLP

The Information Commissioner's Office ("ICO") has recently issued technical guidance, entitled "Data Protection Technical Guidance: Determining what is personal data" ("the Guidance") for data protection purposes.  It will assist in determining whether data falls within the definition of "personal data" when responding to subject access requests.  In addition, it impacts on how employers comply with their obligations when processing employees' personal data. 

Although the Guidance is not legally binding, it represents the Information Commissioner's view on what amounts to personal data for the purposes of the Data Protection Act 1998 (the "Act") and should therefore be highly persuasive to the interpretation of personal data by the courts.

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