'Relating to' - Content, Purpose and Result
For information to be personal data it must be about an individual, but the link is not always obvious. WP29 says one of three elements must apply (they need not be cumulative): the content element (information is about the person in the ordinary sense), the purpose element (processed to evaluate, treat or analyse the person), or the result element (processing impacts the person's rights or interests). The same data (e.g. a car's mileage) can relate to a person in one context and not another. In the YS / M and S case the CJEU held a legal analysis in a residency decision was not personal data, even though it drew on the applicant's personal data.
To 'relate to' a person, at least one of three WP29 elements must apply - and they do not have to apply together. The same technical data can relate to a person in one use and not in another: a car's mileage relates to the owner when used to issue their repair bill, but not when used in an advert to sell the car.
| Element | Trigger | Example |
|---|---|---|
| Information is about the person in the ordinary sense | A student's exam result | |
| Processed to evaluate, consider or analyse the person | Email reviewed as evidence of an adviser's work quality | |
| Processing impacts the person's rights and interests | Data used in a decision affecting the individual |
The CJEU held that a legal analysis in an assessment of a residency-permit application was not personal data, even though it contained some personal data about the applicant. It was treated as information about the authority's application of the law, not data 'relating to' the applicant - a controversial line.