In message
<[log in to unmask]
nd.gov.uk>, at 07:49:59 on Thu, 12 Aug 2004, Graham Hadfield
<[log in to unmask]> writes
>Point 1:
>But neither should retention of the data evidencing the law enforcement
>enquiry be forever. Why are you still holding *that*? (And if you destroy
>that data, there's nothing to disclose on a SAR).
>
>I didn't actually say that retention should be forever. I would expect
>though, that in most cases, like anything else, there would be a length of
>time (of whatever duration) between conclusion of a piece of work and
>destruction of the data involved with it. If a SAR were received during
>that time we would have to decide whether to dislose or not.
Yes, that's all perfectly reasonable, but I'm still unsure why you need
to keep that data longer then the police are likely to be conducting the
enquiry. Is there actually any "business need" to keep it past the point
that the police have acknowledged receipt of the data?
>Point 2:
>It's up to law enforcement to decide if the enquiry is over + how do you
>become aware of when an investigation is completed
>
>Law enforcement is not always the police. It could well be a Council
>prosecution mounted by trading standards - and that is the sort of scenario
>which I envisaged.
I don't think this changes the situation in *your* department [1]. If
someone does a SAR of Trading Standards, or of the *entire* council
department, then the data related to the enquiry will show up (or be
silently with-held if that's appropriate) from TS records.
[1] I'm assuming here that you are the person responsible for DP in one
department of the council, eg Council Tax Collection.
--
Roland Perry
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|