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DATA PROTECTION: Ask no questions, tell no lies

07 February 2014  

Cynthia O’Donoghue considers recent developments in data protection

What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except in the most clear cut of cases, such as people’s names, medical files or financial records. Attempts at trying to answer the less obvious side of the question were epitomised by the High Court case of Kelway v The Upper Tribunal, Northumbria Police and the Information Commissioner [2013]. In this case HHJ Thornton controversially challenged the tests traditionally relied upon to answer this question.

Additional Info

  • Case(s) Referenced:

    Durant v Financial Services Authority [2003] EWCA Civ 1746

    Kelway v The Upper Tribunal, Northumbria Police and the Information Commissioner [2013] EWHC 2575 (Admin)