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Meta Data re Personal Data

Meta Data re Personal Data

Postby donarebun » Wed Dec 27, 2017 8:59 pm

Hello everyone,

Is the metadata of a document containing my information also my personal data?

let me explain;

I had a car accident

My insurance company contacted an Accident Investigating Company.

Who sent in an investigator

The Accident Investigating Company was very critical of me

So I made a Subject Access Request

I discovered that the Investigator actually supported my position.

I struggled to understand why the Company interfered with the findings of the Investigator

I asked for the metadata of the Investigator's Report

The Accident Investigating Company refused.

My gut instinct tells me the metadata would reveal more information

I don't really know what but I have come to trust my instinct like most people.

I know in the US that metadata is considered part of your personal data

Unfortunately, I have not seen any such case law in the UK

So, is the metadata considered my personal data for the purpose of Subject Access Request.

Thanks
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Re: Meta Data re Personal Data

Postby Hairyloon » Wed Dec 27, 2017 9:06 pm

"Metadata" may mean different things to different people. Can you clarify what you mean here?
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Re: Meta Data re Personal Data

Postby atticus » Wed Dec 27, 2017 11:28 pm

When making a Subject Access Request, you ask what personal data about you is held.
s1 Data Protection Act 1998 wrote:"personal data” means data which relate to a living individual who can be identified—
(a)from those data, or
(b)from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller

If metadata does the above, then proceed.
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Re: Meta Data re Personal Data

Postby theycantdothat » Thu Dec 28, 2017 11:40 am

atticus wrote:When making a Subject Access Request, you ask what personal data about you is held.
s1 Data Protection Act 1998 wrote:"personal data” means data which relate to a living individual who can be identified—
(a)from those data, or
(b)from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller

If metadata does the above, then proceed.


I see the definition continues:

"...and includes any expression of opinion about the individual..."

Does what is likely to be in the investigator's report come within the definition?
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Re: Meta Data re Personal Data

Postby atticus » Thu Dec 28, 2017 2:13 pm

Yes; the OP appears to have the detail of that report. She wants the metadata.

I suggest the OP let her insurer know she is considering a claim to compel the insurer to honour its obligations under the insurance contract.
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Re: Meta Data re Personal Data

Postby donarebun » Fri Dec 29, 2017 10:28 pm

atticus wrote:Yes; the OP appears to have the detail of that report. She wants the metadata.

I suggest the OP let her insurer know she is considering a claim to compel the insurer to honour its obligations under the insurance contract.



Thanks for the suggestions

First, the OP is a male :lol:

Secondly and seriously, How do I bring such a claim?

Is it in the small claim or fast track?

Also, would I be able to request the metadata as part of disclosure in a small claim?

Thanks
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Re: Meta Data re Personal Data

Postby atticus » Sat Dec 30, 2017 9:19 am

You bring your claim in the county court, starting with a claim form and particulars of claim. The court will allocate the claim to the appropriate track.

Is this metadata actually relevant to the issue whether your insurer should pay up under the policy?
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Re: Meta Data re Personal Data

Postby dls » Sat Dec 30, 2017 2:10 pm

Metadata usally refers to th etechnicl information within an electronic file which is used for technical tasks associated with that file.

On the one hand it is part of the file

On th eother I fail to see how it could normally include personal information other than as to the sender and the recipient - ie not the subject of the email.
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Re: Meta Data re Personal Data

Postby shootist » Sat Dec 30, 2017 7:26 pm

If the metadata identified someone else then those details may be redacted which would make the whole exercise pointless.
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Re: Meta Data re Personal Data

Postby donarebun » Sun Dec 31, 2017 2:57 am

atticus wrote:
Is this metadata actually relevant to the issue whether your insurer should pay up under the policy?


In addition to the Investigator's Report, I also received a screenshot of my "file"

In it, I saw that the Accident Investigation Company made a call to my Insurer before submitting their own Report.

It is difficult to understand why the AIC interfered with the findings of the Investigator (self-employed Private Investigator).

Did my Insurer influence them?

The metadata would reveal if the Report was edited after the phone call.

A forensic metadata would actually reveal what was written before the editing (if editing was discovered)

Hence, the metadata is key!


Thanks everyone
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