relevant filing system

Any set of information relating to individuals which is not processed automatically but which is structured by reference to individuals or to criteria relating to individuals in such a way that specific information relating to a particular individual is readily accessible. In Durant v Financial Services Authority [2003] EWCA Civ 1746, 8 December 2003, the Court of Appeal held that the definition should be construed narrowly and manual filing systems will only fall within the definition to the extent that they were broadly equivalent to computerised systems in giving ready accessibility to relevant information capable of constituting personal data. A relevant filing system is therefore limited to systems:

• In which the files are structured or referenced in such a way as clearly to indicate at the start of the search if information capable of amounting to personal data is held in the system and, if so, in which file or files it is held; and

• Which has, as part of their structure or referencing mechanism, a sufficiently sophisticated and detailed means of readily indicating whether and where in an individual file or files specific criteria or information about the individual can be readily located.

Related links

processing

personal data