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Thanks all for your responses. Nothing that clearly helps me to identify how to
take things forward as it just reaffirms what I though. It is another gray area
of the act.
With regards where I got the fact that the IC guidance says an exhaustive search
is not required I quote from the 'not yet issued but soon to be' Code of
Practice on Employee Records which states and I quote 'Employers are not though
required to search through all e-mail records merely on the off-chance that
somewhere there might be a message that relates to the worker who has made the
request.'
Thanks for all of you help. Any further advice/guidance or oppinion would still
be appreciated.
Ian G Dean
____________________Reply Separator____________________
Subject: Re: Email and SARs
Author: Malcolm Kendall <[log in to unmask]>
Date: 25/06/2002 2:38 PM
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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