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The term ‘personal data’ is the entryway to the application of the General Data Protection
Regulation (GDPR). Only if a processing of data concerns personal data, the General Data
Protection
Regulation applies. The term is defined in Art. 4 (1). Personal data are any information which
are
related to an identified or identifiable natural person.
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. In practice,
these also include all data which are or can be assigned to a person in any kind of way. 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.
Since the definition includes “any information,” one must assume that the term “personal data”
should be as broadly interpreted as possible. 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. 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. The same also applies to IP
addresses. 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. In addition, one must note that personal data need not be objective. Subjective
information such as opinions, judgements or estimates can be personal data. Thus, this includes
an assessment of creditworthiness of a person or an estimate of work performance by an employer.
