Less obvious things include job or profession, memberships of organisations, friends and associates, town/suburb etc. Obvious things include names, dates of birth, physical addresses, electronic addresses, social media profiles etc. Note that you have to consider the data collection as a whole - even if there are no names in your data, if there is enough info in it that you can work out who the individual is (or probably is) its personal data. So if the data can in any way be tied to a specific individual then it is personal data. I consider it to be a practical problem and hope for great answers.Īny information relating to an identified or identifiable natural person I hope this question is not regarded too wide. I would like to see a definition/list of examples of relevant personal data that software engineers and developers would find usable when developing software intended for use in the EU. In my opinion, the above definition is pretty wide and the directive texts are quite heavy. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’) an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person These data include genetic, biometric and health data, as well as personal data revealing racial and ethnic origin, political opinions, religious or ideological convictions or trade union membership.As a developer of software intended for use by EU citizens, I am committed to complying with the personal data requirements of the forthcoming legislation ( EU Regulation 2016/679). In addition to general personal data, one must consider above all the special categories of personal data (also known as sensitive personal data) which are highly relevant because they are subject to a higher level of protection. Data must therefore be assignable to identified or identifiable living persons to be considered personal. Basically, a person obtains this capacity with his birth, and loses it upon his death. For natural persons, on the other hand, protection begins and is extinguished with legal capacity. In other words, data protection does not apply to information about legal entities such as corporations, foundations and institutions. Last but not least, the law states that the information for a personnel reference must refer to a natural person. Thus, this includes an assessment of creditworthiness of a person or an estimate of work performance by an employer. Subjective information such as opinions, judgements or estimates can be personal data. In addition, one must note that personal data need not be objective. If the controller has the legal option to oblige the provider to hand over additional information which enable him to identify the user behind the IP address, this is also personal data. Also, written answers from a candidate during a test and any remarks from the examiner regarding these answers are “personal data” if the candidate can be theoretically identified. This is also suggested in case law of the European Court of Justice, which also considers less explicit information, such as recordings of work times which include information about the time when an employee begins and ends his work day, as well as breaks or times which do not fall in work time, as personal data. Since the definition includes “any information,” one must assume that the term “personal data” should be as broadly interpreted as possible. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data. In practice, these also include all data which are or can be assigned to a person in any kind of way. The data subjects are identifiable if they can be directly or indirectly identified, especially by reference to an identifier such as a name, an 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 are any information which are related to an identified or identifiable natural person. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR).
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