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As the ultimate steward of your personal data, you now have control over its use in most scenarios making data privacy a fundamental right. But what about instances where your personal data is available publicly?

When is data processing allowed?

Is personal data fair game, once it is in the public domain? The term public domain is generally thought to be anything which can be found on the internet or in media, which has no specific cost to access.

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Take for example a telephone number in a telephone directory, an email address on a LinkedIn profile or a name published in a newspaper article. Colloquially this is not incorrect, however the term originates from intellectual property such as designs, music and other media. Where any of these found in the public domain are no longer considered to be owned and therefore free to use.

Section Personal information

A good example of this is the music compositions of Mozart, which is now in the public domain and free to use due to its age. Confusion comes in applying this to personal data, where there is sometimes an assumption that personal data in the public domain also inherits this free-to-use characteristic.

This of course is incorrect. Personal data in the public domain is not a fair game, in fact there is nothing contained within the articles of the GDPR which references the public domain as a factor. It simply requires all processing of personal data to be lawful, which can be achieved by demonstrating one of six lawful purposes:. To compare this with the publication of a name and photograph in a newspaper covering a court case, the newspaper may have discovered the the name via public court records and sourced a photograph from the data subjects social media account.

Both could be justified printing them would be in the public's interest. Scraping websites such as LinkedIn for contact information or using a public directory of contacts is not necessarily illegal, it just requires that you as the data controller meet one of the legal purposes for processing. To use an old cliche Most likely in the case of collecting contact information, it will be for marketing purposes.

Data controllers might be able to justify collecting said personal information but can they actually use it?

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Data protection and online privacy

Enter the PECR , a regulation which since has governed electronic communications. A regulation which is arguably being made more famous as a consequence of the GDPR than it has ever achieved on its own. Fundamentally, the term public domain has no relevance in data protection regulations. All personal data is equal in the sense that it can only legally be processed if processing meets one of six purposes.

This doesn't stop you from using personal data which you have gathered from public sources, but you may come unstuck when it comes to the true purpose of collecting that personal data, to use it and communicate.

Restricting Personal Information on the Internet

Section 7 2 c. Section 7 3 h. Section 1 of the Regulations state that the following information and classes of information are specified for the purposes of paragraphs 7 1 d , 2 c. The following examples illustrate how the provisions setting out each type of publicly available information specified by the Regulations have been interpreted and applied by the OPC.

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