Before acting on this e-mail or opening any attachment, you are advised to read the disclaimer at the end of this mail.
Regardless of the answer to point 1 a SAR is a right of access to data 'that
exists and is held' subject to the 'whether it is personal data and a relevant
filing system'. If you do not hold data it cannot be provided. You cannot be in
breach of the DPA for not providing something you do not have.
You cannot also be in breach of the DPA for not keeping records for a time
period specified by another piece of legislation. For example Banks have to
retain application information for Bank accounts for 5 years after the account
has closed for money laundering reasons as specified in the Financial Services
and Markets Act. If they do not keep the data for the required time they are in
breach of the FSMA not the DPA.
Ian D
____________________Reply Separator____________________
Subject: Re: [data-protection] Destroyed files
Author: Paul Ticher <[log in to unmask]>
Date: 13/02/2004 12:53
If (1) says you must keep it, then (2) suggests a breach of Principle 7 -
accidental loss or damage, and if the Data Subject has suffered a loss as a
result they could sue for compensation.
But, after Durant, is it personal data in the first place?
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Brenda Scourfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 13, 2004 11:18 AM
Subject: Destroyed files
> If there has been a court case for fraud between the Authority and a data
> subject who applied fraudently for monies is there a legal requirement to
> keep this file for a certain number of years ?
>
> If so, what happens if the file became seriously water-damaged and had to
> be destroyed and the data subject expects it appear in his SAR ?
>
> I suppose the second question rather depends upon the answer to the first,
> as if there is no requirement to keep the file there is no problem.
>
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