In a message dated 30/03/2000 09:09:13 GMT Daylight Time,
[log in to unmask] writes:
>My understanding is that, if the manual records are held in a relevant
>filing system AND processing of the data has taken place since October
>1998, the information must be provided. If the data was last processed
>prior to October 1998 then the records do not have to provided, by law,
>until 2004. I would assume that it is therefore up to you to decide
>whether it is worth your time and effort to disclose the information (to
>satisfy the individual) or whether this would not be possible due to
>resources etc.
>Any other thoughts ?
There seems to be a fundamental misunderstanding here.
If the manual processing itself (i.e the purpose, not the individual's
record) was under way as at 24th October 1998, the process (including the
record) is exempt from the provisions of the 1998 Act until October 2001.
If the record itself was archived before October 24th 1998 then it is exempt
from subject access only until October 2001. It may be exempt from other
requirements (e.g. fair processing) until October 2007.
Having said this, and assuming Paul Simpkins' view is that it is easier to
comply with the request than to risk alienating the data subject, I would
suggest that for customer relations if nothing else it is worth supplying the
data - provided it does not infringe anyone else's rights, prejudice any
criminal inquiry or leave the Authority open to any legal action by the
individual.
Ian Buckland
MD
Keep IT Legal Ltd
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