What Counts as ‘Personal Data’ Under the GDPR?

Table of Contents

Share at:

The General Data Protection Regulation (GDPR) is a European law on data protection and privacy for citizens of the European Union. It predominantly addresses personal data. However, many people don’t understand what this means under the GDPR. We break it down below, to ensure that you accurately understand what it contains.

Definition of personal data

A section of the GDPR defines what personal data entails. It includes any information that is related to an identified or identifiable person. If a person can be recognised through any identifier it may be considered personal. This includes:

  • Name.
  • Location data.
  • Identification number.
  • Online identifier.

In short, if an individual can be identified through any kind of data, it falls within the definition.

How deep does this extend?

The definition includes ‘any information’. Thus, the definition needs to be interpreted broadly. Numerous cases have proven this, considering less explicit information such as recordings of employee’s shift times, break times and IP addresses. It even includes written information on a test.

Personal data doesn’t need to be objective. Subjective information such as opinions, judgements or even personal estimates may constitute personal data.

Does it only extend to people?

Part of the definition includes ‘identified or identifiable persons’. It must be a natural person. Therefore, these laws do not protect information about businesses, corporations or institutions. However, natural people have capacity under the definition from the moment they are born, to the moment they die.

When is data not personal?

Data that has been made anonymous to the extent that an individual is not identifiable is when it ceases to be personal data. There must be no link between the data, and the person it belongs to. If there is even a hint that it belongs to the person, then it may be classed as personal.

Final thoughts

Before understanding how the law operates, it’s necessary to understand what kind of information the law is built to protect. Personal data is any data that may attributed to a natural person. To ensure you meet these requirements, a GDPR Privacy Policy is specifically created to abide with this framework for your business. For further enquiries on the topic, a privacy lawyer may be able to assist.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Do You Have to Pay Annual Leave Loading?

Annual leave loading in Australia is an important entitlement for many, but not all employees. Use our guide to understand who’s entitled to it and how to calculate it.

How to Start a Perfume Business

Starting a perfume business can seem scary when going up against major cosmetics and fashion brands. Read this guide to find out the key things to think about when starting a perfume business.

How To Register A Security Interest On The PPSR

The PPSR is a government-run system to allow debts and obligations to be secured. Find out how to register here.

How Do I File a Trademark? (2026 Update)

A trademark is a great way to protect your intellectual property. Find out how to file a trademark here.

Disposing Of Shares – An Explainer For Shareholders

Disposing of shares can occur through share sales or transfers, but the process differs between public and private companies. Find out more here.