MATERIAL SCOPE

35. RATIONE MATERIAE – EU data protection law applies to “the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system”.

36. PERSONAL DATA – The material scope of EU data protection law is in first instance delineated by the concept of “personal data”. Personal data is understood as “any information relating to an identified or identifiable natural person ('data subject’)”.

37. “ANY INFORMATION” – The concept of personal data is extremely broad. Any type of information that pertains to an individual is considered personal data. For example, not only text, but also photos qualify as personal data. Even sound can qualify as personal data. The use of the expression “any information” in the definition of personal data reflects the aim of the EU legislature to assign a wide scope to that concept, which is not restricted to information that is sensitive or private, but potentially encompasses all kinds of information, not only objective but also subjective, in the form of opinions and assessments, provided that it ‘relates’ to the data subject.

38. “RELATING TO” – Information may be considered as “relating to” the data subject if the information, by reason of its content, purpose or effect, is linked to a particular person. Generally speaking, information can be considered to “relate” to an individual when it is about that individual.49 In some situations, the information in first instance concerns an object (e.g. a smartphone or other personal device), yet may be considered as indirectly relating to a particular individual. Data also “relates” to an individual if such information is used with the purpose to evaluate an individual (e.g. to determine and establish the performance of a specific person), to treat that person in a certain way or to otherwise influence the status or behaviour of an individual. Finally, information can also be considered to “relate” to an individual because its use is likely to have an effect on the individual's rights and interests, taking into account all the circumstances surrounding a particular case.