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Data protection: Court of Appeal guidance on "personal data" and "relevant filing system"

This report relates to 1 case(s)

In Durant v Financial Services Authority 1 [2003] EWCA Civ 1746, the Court of Appeal holds that, when an individual requests information under s.7 of the Data Protection Act 1998, the data controller must first determine whether the information sought is capable of being that person's "personal data" as defined, regardless of whether it is held in computerised or manual form. If (and to the extent that) it is not, it is not disclosable under s.7(1). All other issues then fall away and that is the end of the matter.