Personal data

Data (www.practicallaw.com/3-107-6040) which relate to a living individual who can be identified from that data (or from those data and other information in possession of the data controller (www.practicallaw.com/5-107-5723)) and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of that individual. Previously thought to be very wide in application, following the decision in Durant v FSA [2003] EWCA Civ 1746, the definition seems to refer to information that has the data subject as its focus and affects the individual’s privacy in some way. Mere mention of someone’s name in a document no longer comprises personal data, but personal details such as someone’s address, contact details, salary etc would still fall within the scope of the Data Protection Act 1998.