Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have they said why they believe this is not personal data?
Section 1(1) of the Data Protection Act 1998 (DPA) defines “personal data” as “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.
So whilst your blood group, eye colour, nationality etc on their own will not amount to personal data because you are unlikely to be identified just from them, taken together and assuming they have other data about you which when linked with this data can identify you, means that it would amount to personal data.
So in this case you have some test results, if your name appears on the test sheet then clearly you can be identified from this and it is personal data. If you had a candidate number then at first sight you will not be identifiable but if they are in possession of a candidate list which references candidate numbers to peoples’ names then that can also amount to personal data. So it really depends on what the information they hold about you is.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
You may certainly do so, depending on who actually holds them. To be honest there is nothing to lose by asking them both and pursuing them both at the same time if you believe that they have these results.