Simone Lawson
The General Data Protection Regulation (GDPR) applies to any processing of personal data. Personal data is defined as any information relating to an identified or identifiable living individual. This includes information such as names, identification numbers, location data, online identifiers, and other characteristics that express the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons. Personal data also includes information relating to criminal convictions and offences, which requires a higher level of protection. Under the Data Protection Act 2018 (DPA 2018), unstructured manual information processed only by public authorities, such as paper records that are not held as part of a filing system, also constitutes personal data.
| Characteristics | Values |
|---|---|
| Identifiable natural person | Name, identification number, location data, online identifier, physical, physiological, genetic, mental, commercial, cultural or social identity |
| Identifiable living individual | Email address, work times, written answers from a candidate during a test |
| Special categories of personal data | Criminal convictions and offences |
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What You'll Learn
Criminal convictions and offences
Personal data is any information that relates to an identified or identifiable living individual. This can include information relating to criminal convictions and offences.
The DPA 2018 specifically includes unstructured manual information processed only by public authorities, such as paper records that are not held as part of a filing system. While this information is exempt from most of the principles and obligations in the UK GDPR, it is still aimed at ensuring that it is appropriately protected for requests under the Freedom of Information Act 2000.
Under the GDPR, personal data is defined as any information that can be used to directly or indirectly identify an individual. This can include a name, an identification number, location data, an online identifier, or one of several special characteristics that express the physical, physiological, genetic, mental, commercial, cultural, or social identity of these natural persons.
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Name, identification number, location data, online identifier
Personal data is any information that relates to an identified or identifiable living individual. This includes information relating to criminal convictions and offences, which requires a higher level of protection.
Under the Data Protection Act 2018 (DPA 2018), unstructured manual information processed only by public authorities constitutes personal data. This includes paper records that are not held as part of a filing system.
The General Data Protection Regulation (GDPR) defines personal data as any information that can be used to directly or indirectly identify a natural person. This includes identifiers such as a name, an identification number, location data, or an online identifier.
Different pieces of information, when combined, may also lead to the identification of a particular person and are therefore considered personal data. For example, an email address that includes a person's name and surname, such as 'name [dot] surname [at] company [dot] comless explicit information, such as recordings of work times or written answers from a candidate during a test, can also be considered personal data if the individual can be theoretically identified.
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Paper records not held as part of a filing system
Under the Data Protection Act 2018 (DPA 2018), unstructured manual information processed only by public authorities constitutes personal data. This includes paper records that are not held as part of a filing system.
The UK General Data Protection Regulation (GDPR) does not cover information that is not, or is not intended to be, part of a 'filing system'. However, the DPA 2018 ensures that such information is appropriately protected for requests under the Freedom of Information Act 2000.
Personal data is any information that relates to an identified or identifiable living individual (data subject). Different pieces of information, which together can lead to the identification of a particular person, may also be considered personal data. For example, an email address such as 'name [dot] surnamecompany [dot] com (name [dot] surname [at] company [dot] com)' is considered personal data.
Personal data that has been de-identified, encrypted, or pseudonymised but can be used to re-identify a person remains personal data and falls within the scope of the GDPR. This includes written answers from a candidate during a test and any remarks from the examiner regarding these answers, if the candidate can be theoretically identified.
The law states that the information for a personnel reference must refer to a natural person. In other words, data protection does not apply to information about legal entities such as corporations, foundations, and institutions. For natural persons, protection begins with birth and is extinguished upon death.
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Work times, including breaks
Personal data is any information that relates to an identified or identifiable living individual. This includes information relating to criminal convictions and offences, which requires a higher level of protection.
Under the Data Protection Act 2018 (DPA 2018), unstructured manual information processed only by public authorities constitutes personal data. This includes paper records that are not held as part of a filing system.
The General Data Protection Regulation (GDPR) defines personal data as any information which is related to an identified or identifiable natural person. Identifiable information includes a name, identification number, location data, or one of several special characteristics which express the physical, physiological, genetic, mental, commercial, cultural, or social identity of these natural persons.
Recordings of work times, including information about the time when an employee begins and ends their workday, as well as breaks or times which do not fall within work time, are considered personal data. This is because this information can be used to identify a particular person.
It is important to note that data protection does not apply to information about legal entities such as corporations, foundations, and institutions. Protection begins with the birth of a natural person and is extinguished upon their death.
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Special categories of personal data (sensitive personal data)
Personal data is any information that relates to an identified or identifiable living individual. This can include information relating to criminal convictions and offences.
Special categories of personal data (also known as sensitive personal data) are subject to a higher level of protection. This includes information about an individual's physical, physiological, genetic, mental, commercial, cultural or social identity. For example, this could include data about an individual's health, race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation.
The UK General Data Protection Regulation (GDPR) defines special categories of personal data as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation.
Special categories of personal data are considered sensitive because they can be used to uniquely identify an individual and may reveal private or confidential information about that individual. This type of data is often collected and processed by public authorities, healthcare providers, employers and other organisations with a legitimate interest in the data.
The processing of special categories of personal data is generally prohibited unless one of the specific lawful bases for processing this type of data applies. These lawful bases include explicit consent from the individual, processing for employment purposes, processing for reasons of substantial public interest, or processing for the establishment, exercise or defence of legal claims.
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Frequently asked questions
Personal data is any information that relates to an identified or identifiable living individual.
Identifiable information includes a name, identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons.
Personal data that has been de-identified, encrypted or pseudonymised but can be used to re-identify a person remains personal data and falls within the scope of the General Data Protection Regulation (GDPR).
This requires a higher level of protection. Under the Data Protection Act 2018 (DPA 2018), unstructured manual information processed only by public authorities constitutes personal data.
No, data protection does not apply to information about legal entities such as corporations, foundations and institutions.
