Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide an in-depth guide to the meaning of personal data in data protection law, and in particular how the phrase “data which relates to an individual” has been interpreted. It discusses two important British cases which have considered this question, and compares the approach taken by the EU authorities. Various tests for the meaning of “relates to” are analysed, and some evaluation is given as to the varying approaches to this matter. The application of these tests to the field of clinical trials is considered, and possible future developments in the law are mooted.

Outcomes:
After completing the course you will:
  • Be aware of the principal tests used to interpret the phrase “data which relates to an individual” in data protection law;
  • Understand two key UK cases dealing with this issue;
  • Appreciate the EU guidance offered on this question;
  • Understand the application of these issues to clinical trials.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Sources and References:
  • Durant v Financial Services Authority [2003] EWCA Civ 1746;
  • Harcup v Information Commissioner’s Office and Yorkshire Forward (EA/2007/0058);
  • Common Services Agency v Scottish Information Commissioner [2008] UKHL 47;
  • EU Directive on Data Protection (1995/46/EC);
  • Freedom of Information Act 2000;
  • Freedom of Information (Scotland) Act 2002.
Tags:

This podcast considers the meaning of personal data under EU and UK data protection law, particularly in the light of guidance provided by EU bodies and the UK courts on this issue. The speaker takes a detailed look at the key UK case-law in this area in Durant v Financial Services Authority and Common Services Agency v Scottish Information Commissioner. A variety of tests are considered in which the question arose as to whether data “related to” an individual. The speaker gives his evaluation of the EU and UK tests that have emerged in this regard, applying them to the specific field of clinical trials and making predictions as to the future development of the law in this field.

Podcast last reviewed: 2011-06-27

Start this CPDcast Activity

© CPDcast.com