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Personal information, described in United States legal fields as either personally identifiable information (PII), or sensitive personal information (SPI), as used in information security and privacy laws, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. The abbreviation PII is widely accepted in the U.S. context, but the phrase it abbreviates has four common variants based on personal / personally, and identifiable / identifying. Not all are equivalent, and for legal purposes the effective definitions vary depending on the jurisdiction and the purposes for which the term is being used. (In other countries with privacy protection laws derived from the OECD privacy principles, the term used is more often "personal information", which may be somewhat broader: in Australia's Privacy Act 1988 (Cth) "personal information" also includes information from which the person's identity is "reasonably ascertainable", potentially covering some information not covered by PII.) Under European and other data protection regimes, which centre primarily around the General Data Protection Regulation, the term "personal data" is significantly broader, and determines the scope of the regulatory regime. NIST Special Publication 800-122 defines PII as "any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information." So, for example, a user's IP address is not classed as PII on its own, but is classified as linked PII. The concept of PII has become prevalent as information technology and the Internet have made it easier to collect PII leading to a profitable market in collecting and reselling PII. PII can also be exploited by criminals to stalk or steal the identity of a person, or to aid in the planning of criminal acts. As a response to these threats, many website privacy policies specifically address the gathering of PII, and lawmakers have enacted a series of legislation to limit the distribution and accessibility of PII. However, PII is a legal concept, not a technical concept, and as noted, it is not utilised in all jurisdictions. Because of the versatility and power of modern re-identification algorithms, the absence of PII data does not mean that the remaining data does not identify individuals. While some attributes may not be uniquely identifying on their own, any attribute can be potentially identifying in combination with others. These attributes have been referred to as quasi-identifiers or pseudo-identifiers. While such data may not constitute PII in the United States, it is highly likely to remain personal data under European data protection law.
References
- "Guide to Protecting the Confidentiality of Personally Identifiable Information (PII)". NIST. https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nistspecialpublication800-122.pdf.
- "Anonymity and PII". http://cookieresearch.com/anonymityandpii. Retrieved 6 May 2015.
- "Comments of Latanya Sweeney, Ph.D. on "Standards of Privacy of Individually Identifiable Health Information"". Carnegie Mellon University. Archived from the original on 2009-03-28. https://web.archive.org/web/20090328103238/http://privacy.cs.cmu.edu/dataprivacy/HIPAA/HIPAAcomments.html.
- James Wray and Ulf Stabe (2011-12-19). "The FBI’s warning about doxing was too little too late". Thetechherald.com. http://www.thetechherald.com/articles/The-FBIs-warning-about-doxing-was-too-little-too-late. Retrieved 2012-10-23.
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- M-07-16 SUBJECT:Safeguarding Against and Responding to the Breach of Personally Identifiable Information FROM: Clay Johnson III, Deputy Director for Management (2007/05/22) https://www.whitehouse.gov/omb/memoranda/fy2007/m07-16.pdf
- "Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data". Eur-lex.europa.eu. https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML. Retrieved 2013-08-20.
- "Texts adopted - Wednesday, 12 March 2014 - Protection of individuals with regard to the processing of personal data ***I - P7_TA(2014)0212". http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2014-0212+0+DOC+XML+V0//EN.
- "Text of California Senate Bill SB 1386 ref paragraph SEC. 2 1798.29.(e)". California. http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.html.
- "Privacy Act 1988". https://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html. Retrieved 14 October 2012.
- "Data protection" (in en). https://ec.europa.eu/info/law/law-topic/data-protection_en.
- Data Protection Act 2018 Published by legislation.gov.uk, retrieved 14 August 2018 http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted
- Federal Act on Data Protection of 19 June 1992 (status as of 1 January 2014), Federal Chancellery of Switzerland (page visited on 18 September 2016). https://www.admin.ch/opc/en/classified-compilation/19920153/index.html
- (in French) Cesla Amarelle, Droit suisse, Éditions Loisirs et pédagogie, 2008.
- "California Supreme Court Holds that Zip Code is Personal Identification Information - Bullivant Houser Bailey Business Matters eAlert". LexisNexis. http://www.lexisnexis.com/Community/emergingissues/blogs/emergingissueslawblog/archive/2011/02/15/california-supreme-court-zip-code-personal-identification-information-bullivant-houser-bailey-song-beverly-credit-card-act.aspx.
- "201 CMR 17.00: Standards for The Protection of Personal Information of Residents of the Commonwealth". Commonwealth of Massachusetts. http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf.
- Tyler v. Michaels Stores, Inc., 984N.E.2d 737, 739 (2013)
- Sawer, Patrick (2008-12-13). "Police use glove prints to catch criminals". Telegraph.co.uk. https://www.telegraph.co.uk/news/uknews/law-and-order/3740688/Police-use-glove-prints-to-catch-criminals.html. Retrieved 2013-08-20.
- James W.H. McCord and Sandra L. McCord, Criminal Law and Procedure for the paralegal: a systems approach, supra, p. 127.
- "MEMORANDUM FOR DOD FOIA OFFICES". United States Department of Defense. Archived from the original on 29 June 2011. https://web.archive.org/web/20110629082449/http://www.dod.mil/pubs/foi/withhold.pdf.
