Ian (et al),
Malcolm is correct - "disproportionate effort" can be applied only in
respect of the medium not to the message.
Alasdair Warwood
----- Original Message -----
From: "Malcolm Kendall" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, June 25, 2002 2:38 PM
Subject: Re: Email and SARs
> In April I sent two (fairly long) postings to the e-monitoring JISC
> mailing list (subject re: Monitoring E-mail, dates 12 April and 15
> April) which might (or might not!) clarify matters for you.
>
> The second posting was to rectify an error I made in the first
> regarding the term 'disproportionate effort'. I would be interested to
> know where you got the "Guidance from the IC [saying] that there is
> no requirement to search every email on the system looking for any
> emails pertaining to the subject as this would be 'disproportionate
> effort' ", as there are only two instances of the term in the Act. One
> refers to notifying all data subjects that data from third parties about
> them has been added to the database, and the other is when there is
> 'disproportionate effort' involved in providing the results of an SAR in
> one format (at the behest of the Data subject) when they can be
> provided in another, perfectly adequate, form. Disproportionate effort
> as far as I can tell can't be used as an excuse for an abbreviated
> search, only when determining the format in which the results are
> delivered.
>
> Can anyone shed any further light on this?
>
> On the substantive matter, our logs of email traffic do not contain the
> subject, and we don't store archives of emails either. Therefore, we
> would have to ask the data subject to specify either the sender or
> receiver of emails that they thought contained references to
> themselves, and we would then ask those people to locate any
> copies of messages that contained relevant personal data from their
> own system. Then, if any of the parties involved objected to their
> names being revealed to the data subject, you have to go into the
> processes of anonymising the headers and text before passing it
> back to the data subject, etc, etc.
>
> Malcolm
>
> Malcolm
>
>
>
> -----------------------------
> Malcolm Kendall
> Intellectual Property
> & Legislation Officer
> Information Services
> The University of Birmingham
> Edgbaston
> Birmingham B15 2TT, UK
>
> Tel: +44 121 414 4749
> Fax: +44 121 471 4691
> email: [log in to unmask]
>
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