Simone Lawson
The General Data Protection Regulation (GDPR) provides guidelines for businesses and organisations on handling information related to individuals. While the term personal data is broadly interpreted, it does not include information about companies or other legal entities, such as corporations, foundations, and institutions. Additionally, data related to deceased individuals is generally not considered personal data under the GDPR. Furthermore, information must be related to an identified or identifiable natural person to qualify as personal data. This means that even without a name, information that identifies an individual or has an impact on them is considered personal data. However, data that has been truly anonymised and cannot be used to re-identify an individual is not considered personal data.
| Characteristics | Values |
|---|---|
| Data related to deceased persons | Not considered personal data |
| Data about companies or other legal entities | Not considered personal data |
| Data about public authorities | Not considered personal data |
| Anonymized data | Not considered personal data |
| Pseudonymized data | Considered personal data |
| Biometric data | Considered sensitive personal data |
| Genetic data | Considered sensitive personal data |
| Health data | Considered sensitive personal data |
| Data related to criminal convictions and offences | Requires a higher level of protection |
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What You'll Learn
Data about companies or other legal entities
The General Data Protection Regulation (GDPR) defines 'personal data' as any information that can be used to identify a natural person. This includes data such as names, addresses, dates and places of birth, national identification numbers, phone numbers, email addresses, and other forms of contact information. It also covers objective and subjective information, such as physical characteristics, behaviour, and employment evaluations.
However, the GDPR does not consider data about companies or other legal entities as personal data. This means that information related to corporations, foundations, institutions, or public authorities is not subject to the same protections as data about natural persons.
For example, data about a limited company, which is a separate legal entity from its owners or directors, does not fall under the scope of the GDPR. Similarly, information about a public authority is also not considered personal data.
It is important to note that data related to individuals acting as sole traders, employees, partners, or company directors is still considered personal data under the GDPR if it can be used to identify them as individuals rather than as representatives of a legal entity. For instance, a name and a corporate email address that clearly identifies a specific individual are considered personal data.
Additionally, the GDPR makes a distinction between 'personal data' and 'sensitive personal data', with the latter requiring extra security measures. Sensitive personal data includes special categories such as ethnic or racial origin, political opinions, cultural or social identity, trade union memberships, and genetic or biometric data.
In summary, while the GDPR provides a broad definition of personal data to protect the privacy of natural persons, it does not include data about companies or other legal entities in this category.
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Information that does not identify an individual
The General Data Protection Regulation (GDPR) defines 'personal data' as any information that can be used to identify a natural person. This includes identifiers such as a name, identification number, location data, online identifier, or other characteristics that express the identity of a natural person.
However, not all information is considered personal data under the GDPR. Information that does not identify an individual falls outside the scope of the regulation. Here are some examples and scenarios where information may not constitute personal data:
- Common Names: A common name, such as "John Smith," may not constitute personal data if it cannot be linked to a specific person. However, when combined with other information such as an address, telephone number, or place of work, it can become personal data.
- Company Email Addresses: Email addresses that are associated with a company or organization, such as "info@company.com," do not typically identify a specific individual and are not considered personal data.
- Anonymized Data: Under the GDPR, anonymized data does not fall under the definition of personal data. Anonymized data refers to information that has been stripped of identifiers to the extent that the individual is no longer identifiable. However, pseudonymized data, where identifiers are replaced with reference numbers, still falls under the scope of the GDPR as it can be linked back to an individual.
- Data Related to Deceased Individuals: The GDPR specifically focuses on protecting living individuals. Information related to deceased persons is generally not considered personal data and is outside the scope of the regulation.
- Information About Legal Entities: The GDPR distinguishes between 'natural persons' and 'legal persons'. Data related to legal entities, such as corporations, foundations, or institutions, does not constitute personal data under the GDPR.
- Publicly Available Information: Information that is publicly available and does not identify a specific individual may fall outside the scope of the GDPR. However, this depends on the context and purpose of the data processing.
It is important to note that the determination of whether information identifies an individual can be complex. The context in which the information is collected and the potential impact on individuals are crucial factors in determining whether data constitutes personal data under the GDPR.
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Data that has been irreversibly anonymised
To be considered anonymised, the data must be irreversibly altered so that the individual is no longer identifiable. This includes removing any obvious personal identifiers such as names, images, and addresses. However, it is important to note that simply removing the name may not be sufficient, as other data such as customer numbers or other identifiers could still be used to indirectly identify the individual.
The definition of anonymisation in the GDPR is not explicit, but it is generally understood that the data must be truly anonymised and individuals must not be identifiable for the GDPR to not apply. This includes both direct and indirect identification. Direct identification refers to identifying an individual by their name, address, postcode, telephone number, or other unique personal characteristics. Indirect identification occurs when certain information is linked with other sources of information, such as place of work, job title, salary, or postcode.
It is important to consider all reasonably likely methods of identification, including costs, time required, and available technology. Methods of identification may change over time, so data stored for long durations must be continuously reviewed to ensure it cannot be combined with new technology that could allow for indirect identification.
Pseudonymisation is different from anonymisation and does not exempt controllers from the scope of the GDPR. Pseudonymisation refers to processing personal data in such a way that the data can no longer be attributed to a specific individual without the use of additional information, which is kept separately and subject to technical and organisational measures to ensure non-attribution.
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Information about deceased persons
The General Data Protection Regulation (GDPR) applies only to natural persons, meaning that data about companies, or "legal persons", are not considered personal data. Furthermore, the GDPR only applies to living individuals, so data related to deceased persons is not considered personal data in most cases.
The definition of "personal data" is quite broad, encompassing any information related to an identified or identifiable natural person. This includes biographical information such as names, addresses, dates and places of birth, national identification numbers, phone numbers, and email addresses. It also includes less explicit information, such as recordings of work times, written answers from a candidate during a test, IP addresses, and even subjective information such as opinions, judgements, or estimates.
However, when dealing with requests for information about deceased persons, several considerations come into play. Firstly, it is important to determine if the information requested is already publicly available. Secondly, the request must be made by the deceased person's "personal representative", who is legally entitled to administer the estate of the deceased. This could be through a grant of probate if the deceased left a will or a letter of administration if they died intestate. Additionally, the type of information requested must be considered. If the deceased's records contain personal information about third parties, such as carers or healthcare staff, a duty of confidence to those individuals may apply, and obligations under the GDPR and Data Protection Act must be considered.
While the GDPR does not provide an automatic right of access to a deceased person's personal information, requests are considered individually and on their own merits. Each request will be assessed based on the deceased person's contact with the organization holding the information. In some cases, information may be released if there is sufficient evidence to assume that the deceased individual would have consented to the release of their personal information if they were still alive.
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Biometric data that does not identify an individual
Biometric data is considered "personal data" under the GDPR. Biometric data is the automated recognition of individuals based on their biological and behavioural characteristics, from which distinguishing, repeatable biometric features can be extracted for the purpose of biometric recognition. These characteristics, often called modalities, include fingerprints, iris patterns, gait, facial features, and more. This data is unique and permanent for each individual and can be used to identify a person or authenticate their identity.
However, it is important to note that not all biometric data can identify an individual. For example, a single modality of biometric data, such as a person's gait or the way they walk, may not be unique enough to specifically identify them. In such cases, the biometric data does not identify an individual and may not be considered personal data under the GDPR.
To ensure uniqueness, ID systems often employ a multimodal strategy, collecting more than one type of biometric data. For instance, combining fingerprints with iris scans or facial recognition can significantly increase the accuracy of identification. Therefore, a combination of biometric data modalities may be necessary to specifically identify an individual.
Additionally, the context and purpose of the biometric data collection should be considered. The same piece of biometric data can be considered personal data for one organisation but not for another, depending on the impact it could have on the individual and the reason for processing the data. For example, a person's gait analysis may be personal data for a healthcare organisation studying movement disorders but may not be considered personal data for a fashion brand analysing walking patterns for marketing purposes.
Furthermore, the quality and accuracy of the biometric data play a role in its ability to identify an individual. Inaccurate or low-quality data may not uniquely identify a specific person, especially in large populations. Therefore, the technical capabilities and settings of the biometric data collection system should be considered when determining its ability to identify individuals.
In conclusion, while biometric data is generally considered personal data under the GDPR, there may be cases where a single modality or low-quality biometric data does not uniquely identify an individual. The context, purpose, and combination of modalities can also impact the identification capability of biometric data. Organisations should carefully assess the risks, costs, and objectives associated with biometric data collection to ensure compliance with data protection regulations.
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Frequently asked questions
No, data about companies, which are sometimes considered "legal persons", are not personal data.
No, data related to the deceased are not considered personal data in most cases under the GDPR.
No, a job title is not usually specific to one individual person. However, if you also know what company they work for, these pieces of information combined could narrow down the number of natural, living persons at a company with a particular occupation.
No, biometric data is considered sensitive personal data, which is a special category that should be handled with extra security.
No, for data to be truly anonymised, the anonymisation must be irreversible. However, pseudonymised data will remain personal data as long as the individual is likely to be identified or identifiable.
