Data Protection in Guernsey

Definitions in Guernsey

Definition of personal data

Section 111(1) of the DPL 2017 defines personal data as "any information relating to an identified or identifiable individual".   

An 'identifiable individual' is given special meaning under Schedule 9 of the DPL 2017 and is defined as an individual who can be directly or indirectly identified from the information including:

  • by reference to a name or an identifier;
  • one or more factors specific to the person's physical, physiological, genetic, mental, economic, cultural or social identity;
  • where, despite pseudonymisation, that information is capable of being attributed  to that individual by the use of additional information; or
  • by any other means reasonably likely to be used, taking into account objective factors such as technological factors and the cost and amount of time required for identification in the light of the available technology at the time of processing.

Definition of special category data

'Special category data' means personal data consisting of information as to a data subject's:

  • racial or ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade union membership
  • genetic data, meaning personal data relating to the inherited or acquired genetic characteristics of an individual which gives unique information about their physiology or their health, including as a result of an analysis of a biological sample from that individual
  • biometric data, meaning personal data resulting from the specific technical processing relating to the physical, physiological or behavioural characteristics of an individual, which allows or confirms the unique identification of that individual, such as facial images or dactyloscopic data
  • health data, which includes any personal data relating to the health of an individual, including the provision of health care services, which reveals their health status and includes information about their physical or mental health
  • sex life or sexual orientation
  • criminal data which relates to the commission or alleged commission by an individual of any offence, or any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

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