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“‘Personal data’ is information relating to an identified or identifiable natural person. It concerns information about a person whose identity is either manifestly clear, or can be established from additional information.”(24)…
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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Şubat 2020
ISBN:
978-975-2449-98-5
Baskı:
1
On İki Levha Yayıncılık
Yayın tarihi:
Şubat 2020
ISBN:
978-975-2449-98-5
Baskı:
1
Yazarlar:
Ayça Atabey
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1.2. DEFINITION
Under EU law, just as under Council of Europe (“CoE”) law, for the purposes of the…
As such, pursuant to Article 4 (1) of the GDPR(25) which closely follows the DPD(26)…
“Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” By personal data, what is meant is the data of “actual” or “potential” relevance…
The Article 4 definition of personal data must be broken down into elements, which…
Below, the terms referred to in this definition will be further elaborated on:…
1 - “any information”: This element is very inclusive and not…
Smartphone users usually process personal data of other people, for example, when…
Although the exact same data could be “anonymous” when being collected, it could…
“Google has the ability to connect the anonymous data collected through passive means with the personal information of the user.”(29)…
A similar example could be photos of others, from which their mood can be determined…
2 - “relating to”: This element is important as it relates to the content of the data, which could be regarded as ‘personal data’ that “relate to” a data subject who can be identified (“identifiable”). Information that identifies a data subject, even without a specific name attached to it, could constitute ‘personal data,’ if it is being collected to learn or form
Records consisting of explicit information that relates to a distinct individual…
Another example could be the data that are used for learning or making decisions…
Information that, when processed, could have an impact on an individual, even without…
Although currently embedded into Google’s other services, another example for such…
Sometimes, data can address an identifiable data subject and still not be classified…
Therefore, understanding what the term ‘relate to’ involves is important, as it raises…
There are no guidelines provided by the DPD or the GDPR on how to interpret “relating…
3 - “identified or identifiable”: Simply put, whenever one individual…
Direct identification involves direct identifiers that can be used not only in the…
To decide if an individual is identifiable, a controller, processor or another individual…
Recital 26 of the GDPR(38) elaborates on the scope of the definition of personal data, providing very useful details in terms of implementation. As Purtova(39)…
Calling someone by his or her name(41) is the most common way of identifying that person, but it is often context-dependent. There are millions of people named Robert in the world, but when the name “Robert” is said, generally the point is to catch the attention of the person being faced. By adding another data point to a data subject’s name, which in
Similarly, going back to the GDPR’s definition, it could be seen that, in the definition,…
Although most of these can be seen clear enough and are pretty much straightforward,…
These examples include IP addresses, cookie identifiers, and other identifiers, which…
4 - “natural person”: By using natural person, the GDPR is saying that data about companies or organisations that are considered as legal persona are…
There are also special categories of data, namely sensitive data(49)…
Making this distinction is significant: some personal data categories are often differentiated…
The Court of Justice of the European Union (“CJEU”) stated as follows, regarding…
“Reference to the fact that an individual has injured her foot and is on half-time on medical grounds constitutes personal data concerning health.”…
A definition of sensitive personal data is not found in most countries’ statutory…
Commonly, data categories that are recognised as sensitive can be associated with…
The GDPR does not provide an exhaustive list stating what is considered sensitive…
Google states that it does not process sensitive data; however, recently(63)…
1.1. UNDERSTANDING PERSONAL DATA
1.2.1. What are the ‘identifiers’ and related factors?
