How could the Information Commissioner say the DC was keeping it for longer
than necessary? The stated purpose is to recover audit trail in perpetuity,
therefore it is necessary to keep the data in perpetuity.
I believe you would have to prove that this 'purpose' was not lawful before
it fell foul of DPA.
I know, not 'in the spirit' and all that.
Duncan
-----Original Message-----
From: Simon Howarth [mailto:[log in to unmask]]
Sent: Thursday, November 17, 2005 9:06 AM
To: Duncan Smith; [log in to unmask]
Subject: RE: Reopening the "Backups" discussion
On the face of it, this might work, however the ICO might cry foul for
keeping data longer than is necessary.
If the DWP cannot persuade the ICO to allow them to keep records for the
time they "require" (I think they asked for 100 years) then I doubt that the
ICO will be happy with A.N. Other Limited stating that records would be kept
for as long as technology allows. For information, they agreed on 24 years.
I think it would open a can of the proverbial worms, but maybe the ICO has
revised its opinion?
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Duncan Smith
Sent: 16 November 2005 18:17
To: [log in to unmask]
Subject: Re: Reopening the "Backups" discussion
There seems to be an inevitability in the progress technology is making
towards allowing us the ability to retain all records (the £/Mb equation).
If this is the case, would it not be simpler to just add a line to your
'privacy policy' (infrequently read and understood by most) along the lines
of ...
Your information will be retained for a period, limited only by the
technology available to us, for the purpose of recovering a full audit trail
of our interactions with you [the customer/data subject ..].
Just a thought!
Duncan Smith
iCompli Limited
www.icompli.co.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ken Allen
Sent: Wednesday, November 16, 2005 11:19 AM
To: [log in to unmask]
Subject: Re: [data-protection] Reopening the "Backups" discussion
I'm not sure I'd agree that archival 'best practice' is to save everything!
However, if we save personal records for historic purposes (which we do,
but generally only a 10% sample) the information is not obsolete, it is
needed for historical research (see DPA Section 33(2)).
The Data Protection Act does exempt such information from subject access
disclosure (DPA Section 33(4)) but The National Archive's advice is to
provide access anyway as 'good practice'.
We have been asked by a Social Care client for his 'In Care' records and he
was delighted to find that his were in the 10% to be retained.
Unfortunately he wanted it to try to sue us!
Ken
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