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Chapter 2
The Meaning of “Personal Data”
The main questions:
• What constitutes “data”?
• What constitutes “personal data”?
• In particular, how does each of the conditions laid down in paragraphs (a), (b) and (c)
of the definition of personal data apply?
• Are IP addresses, email addresses, fingerprints, examination scripts and mobile phone
numbers personal data?
• Is fabricated information about an individual his personal data?
The questions discussed in this Chapter concerning the meaning of “personal data” have
been selected on the basis of their practical importance in light of the Commissioner’s own
experience. Before reading this Chapter, readers should read paragraphs 1.7 to 1.11 in
Chapter 1—Introduction, which contain important general information on using this Book.
Meaning of the Term “Data”
2.1
The definition of the term “data” is given in section 2(1) of the Ordinance as follows:
“ data” means any representation of information (including an expression of opinion)
in any
document
, and includes a personal identifier. [emphasis added]
2.2
The term “document” is in turn defined in section 2(1) as follows:
“ document” includes, in addition to a document in writing –
(a) a disc, tape or other device in which data other than visual images are embodied so
as to be capable, with or without the aid of some other equipment, of being
reproduced from the disc, tape or other device; and
(b) a film, tape or other device in which visual images are embodied so as to be capable,
with or without the aid of some other equipment, of being reproduced from the film,
tape or other device.
2.3
It follows from the above that, in order for any information to constitute data, such
information must have been recorded in a document as defined. This point may seem
obvious enough, but it is worth making this clear at the outset to avoid