Quo vadis, FoI…?. Dr Renate Gertz School of Law University of Glasgow. In this paper, I will…. …examine ‘personal data’ under the Freedom of Information Acts and the Data Protection Act …to do so, consider two main cases …analyse them through the instances. Part I The formalities.
Quo vadis, FoI…?
Dr Renate Gertz
School of Law
University of Glasgow
→ linking the two Acts
“The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data is disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.”
The John Lewis List case
The Collie case
No, and here’s why:
The opinions focused on the major questions of:
(i) can barnardised data be considered ‘held’,
(ii) do barnardised data constitute personal data,
(iii) if barnardised data were personal data, would disclosure breach the data protection principles,
(iv) if (ii) applied, could barnardised data also be considered sensitive personal data, and
(v) if this were the case, does a condition of Schedule 3 DPA apply