• The UNHCR Policy defines personal data as “any data related to an individual
who can be identified from that data; from that data and other information; or by
means reasonably likely to be used related to that data”.
12
• With regard to Article 2 a) of the CoE Privacy Framework personal data “means
any information relating to an identified or identifiable individual (data subject)”.
It addresses specifically the “Protection of Individuals with Regard to the
Processing of Personal Data”.
• The APEC Framework contains a definition of “personal information” in “9.”:
“Personal information means any information about an identified or identifiable
individual”. The Framework shall apply to information about natural persons, not
legal persons. However, it seems that there is no specific right like personal data
protection.
• Personal data in the definition of paragraph 1 b) of OECD Privacy Framework
means “any information relating to an identified or identifiable individual (data
subject)”. Data Protection is recognized as a principle from which result different
rights of the individuals, paragraph 19 e) OECD Privacy Framework. The
Guidelines intend to establish minimum standards, paragraph 6 OECD Privacy
Framework.
• According to Article 1 of the ECOWAS Privacy Framework, personal data means
“any information relating to an identified individual or who may be directly or
indirectly identifiable by reference to an identification number or one or several
elements related to their physical, physiological, genetic, psychological, cultural,
social, or economic identity”.
However, the United Nations Guidelines for the Regulation of Computerized
Personal Data Files itself do not provide a precise definition of the term personal
data. They are more of a recommendable nature. The ICCPR does not contain
explicit protection of personal information itself either, but as an aspect of the
right to privacy.
13 Data protection and privacy cannot be used interchangeably.
This would be an oversimplification.
14 The right to privacy is different from the
right to data protection. Data privacy or information privacy should probably be used
as synonyms to data protection, instead of merely “privacy”.
In the case of Article 22 CRPD data protection derives from the term “privacy”.
The UN Fundamental Principles of Official Statistics do not contain a definition
of personal data. Nevertheless, “individual data” are protected in Article 6. And the
right to privacy may be derived from Article 2 that demands statistical agencies to
decide according to strictly professional considerations, including professional
ethics, on the methods and procedures for the collection, processing, storage and
presentation of statistical data.
12 UNHCR Policy, p. 11.
13 Stability Pact for South Eastern Europe International Standards on Data Protection, p. 1, available
at: http://www.selec.org/doc/International_Standards_on_Data_Protection.doc.
14 De Hert and Papakonstantinou (2013), p. 316.
UN Regulations
523
who can be identified from that data; from that data and other information; or by
means reasonably likely to be used related to that data”.
12
• With regard to Article 2 a) of the CoE Privacy Framework personal data “means
any information relating to an identified or identifiable individual (data subject)”.
It addresses specifically the “Protection of Individuals with Regard to the
Processing of Personal Data”.
• The APEC Framework contains a definition of “personal information” in “9.”:
“Personal information means any information about an identified or identifiable
individual”. The Framework shall apply to information about natural persons, not
legal persons. However, it seems that there is no specific right like personal data
protection.
• Personal data in the definition of paragraph 1 b) of OECD Privacy Framework
means “any information relating to an identified or identifiable individual (data
subject)”. Data Protection is recognized as a principle from which result different
rights of the individuals, paragraph 19 e) OECD Privacy Framework. The
Guidelines intend to establish minimum standards, paragraph 6 OECD Privacy
Framework.
• According to Article 1 of the ECOWAS Privacy Framework, personal data means
“any information relating to an identified individual or who may be directly or
indirectly identifiable by reference to an identification number or one or several
elements related to their physical, physiological, genetic, psychological, cultural,
social, or economic identity”.
However, the United Nations Guidelines for the Regulation of Computerized
Personal Data Files itself do not provide a precise definition of the term personal
data. They are more of a recommendable nature. The ICCPR does not contain
explicit protection of personal information itself either, but as an aspect of the
right to privacy.
13 Data protection and privacy cannot be used interchangeably.
This would be an oversimplification.
14 The right to privacy is different from the
right to data protection. Data privacy or information privacy should probably be used
as synonyms to data protection, instead of merely “privacy”.
In the case of Article 22 CRPD data protection derives from the term “privacy”.
The UN Fundamental Principles of Official Statistics do not contain a definition
of personal data. Nevertheless, “individual data” are protected in Article 6. And the
right to privacy may be derived from Article 2 that demands statistical agencies to
decide according to strictly professional considerations, including professional
ethics, on the methods and procedures for the collection, processing, storage and
presentation of statistical data.
12 UNHCR Policy, p. 11.
13 Stability Pact for South Eastern Europe International Standards on Data Protection, p. 1, available
at: http://www.selec.org/doc/International_Standards_on_Data_Protection.doc.
14 De Hert and Papakonstantinou (2013), p. 316.
UN Regulations
523