And hence principle 7, because the organisational controls were not there to
uphold that principle 6 right. Section 61 would also probably be relevant.
Potentially other principles could be involved, dependant on what the
deleted data was, and what it was processed for within the organisation
concerned. Seems detailed system/procedural Codes of Practice will be
really necessary and useful.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of
[log in to unmask]
Sent: 17 May 2002 14:56
To: [log in to unmask]
Subject: Re: Destruction of records
breach of 6th Principle (if found out)
-----Original Message-----
From: [log in to unmask]
Sent: 17 May 2002 13:19
To: [log in to unmask]
Subject: Re: Destruction of records
It may not be an offence in the criminal sense but surely it is not "dealing
with data fairly" as is required by the DPA.
Tony
-----Original Message-----
From: Maurice Frankel [mailto:[log in to unmask]]
Sent: 17 May 2002 12:58
To: [log in to unmask]
Subject: Destruction of records
There was recently some exchanges on the list about whether the
deliberate destruction of a record requested by subject access was an
offence. In fact it isn't at the moment, but will be when section 77
of the Freedom of Information Act is brought into force.
In case its of interest, we've written to the minister in the Lord
Chancellor's Department urging the government to bring this provision
into force now, rather than (as seems to be the intention) wait till
January 2005 when the FOI right of access comes in. The letter is at
http://www.cfoi.org.uk/opengov.html#lcdltrs
Maurice Frankel
Campaign for Freedom of Information
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