Q&As

What are the data protection implications of disclosing a director’s salary (without their consent) as part of prospective sale of a private limited company?

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Published on LexisPSL on 08/03/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • What are the data protection implications of disclosing a director’s salary (without their consent) as part of prospective sale of a private limited company?
  • Disclosure of personal data
  • Exemptions
  • Data protection in corporate transactions

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) (not the General Data Protection Regulation, breach of contract, confidentiality or any other laws).

Disclosure of personal data

For the background and key terms, see Practice Notes: Data protection—background and key definitions and Data protection principles which outlines the starting point for the consideration of personal data in compliance with the DPA 1998.

A data subject is a living individual who is the subject of personal data, ie data from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Data protection—background and key definitions. It follows that the company will not be a ‘data subject’ so will not have remedies under the DPA 1998 (although it may have other remedies under different laws or contract).

For the director to have rights under the DPA 1998, it will need to be established that the data in question does fall within the definition of ‘personal data’. See Practice Note: Data protection—background and key definitions—Personal data and Q&A: What is 'personal data' for the purposes of the Data Protection Act 1998?

You may find it helpful to note that:

  1. the Information Commissioner’s Office (ICO) quick reference guide ‘What is personal data?’ gives the following example:

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