Melody,
My view is, Personal data can be held indefinitely if there is a genuine
historical research interest in the personal data. however, the right to
object to the processing is not negated. This means that data subjects
should know about the research purposes and be given the opportunity to opt
out. In relation to archived e-mail, e-mails processed or stored within an
organisations system, which identifies living individuals and are held in
automated form in live, archive or back up systems or have been "deleted"
from the live system but are still capable of recovery are subject to the
Data Protection Act 1998.
-----Original Message-----
From: melody mellor [mailto:[log in to unmask]]
Sent: 05 September 2000 12:46
To: [log in to unmask]
Subject: Exemption for Archives?
Dear Fellow Sufferers,
I am drafting a DP Code of Practice for the University of Leeds
(may the Lord have mercy on my soul). Like many other HEI's we
have an official Archive, which acts as a repository for 'old' files
(both central and departmental). Personnel files - for members of
staff who have left, retired or died - are also passed to the Archive;
and other files will, of course, include personal data.
The Archive is used mostly for research purposes, both by
University staff and members of the public.
I'm fairly sure I read or heard somewhere that Archives might be
exempt. Furthermore, my reading of 2.6. of the DPRO's
Introduction to the Act ('Research, History and Statistics')
suggests that it might reasonably be concluded that Archives ARE
exempt under this heading.
Any views?
Melody Mellor
Assistant Secretary
Secretariat
University of Leeds.
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