Lisa,
The fact that the person's name appears on the email does not on it's own
make it personal information. Reading the IC's interpretation of Durrant v.
FSA the emails would need to contain personal information. But you are
advised (in the Employment Practices Data Protection Code, Part 3:
Monitoring at Work) not to read them to find out! Do you have an application
which could do this for you? Tricky one.
Is her privacy affected by the missing emails? Wil she suffer lost if the
information is revealed to others?
Jo Archer
----- Original Message -----
From: Lisa Wingfield <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 10, 2004 9:19 AM
Subject: [data-protection] retrieval of back up tapes
I believe this issue has been discussed before having tried to search the
archives I have had no joy, not sure if it is my incompetence or a problem
with the search function!
Query, a member of staff is making a subject access request and are asking
us for deleted items from our e-mail system. We believe that some of the
items will be on our live system, which is fine and retrievable, but some
will have been deleted from the live system but may be captured on our back
up tapes. Our back up tapes are only used as disaster recovery. Anyway the
issue is are we required under DPA to retrieve the data from our back up
tapes?
Opinions please
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