It was written (or released) on 14th June 2000, it seems, but has not been
rewritten.
To me, and this is a potentially contentious view, Most backups are not
within the spirit of the wording: "Are held in automated form in [snip]
backup systems" The punctuation of that para in the pdf is vital here.
"Automated Form" means, to me, that pointing the email client at the backup
will provide the email now, just like Outlook's "Archive files". It does
not mean to me an email on a tape or other serial device that needs to be
restored before it can be accessed. I argue strongly that such a backup is
outside the provisions of the DPA1998.
http://www.marketimprove.com/hotnews/freestanding/johnson-perot.html is an
example of our thinking here.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 20 January 2005 11:30
To: [log in to unmask]
Subject: Re: [data-protection] Back-up
The Information Commissioner's guidance was written some time ago, but
presumably still stands:
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/Subject%20Acce
ss%20to%20Personal%20Data%20Contained%20in%20E-mails.pdf
(It's very helpfully hidden in Data Protection | Guidance | Individual
rights, as opposed to the other guidance notes on subject access which are
also listed in the guidance for public and private organisations.) Has
anyone fathomed a logic to the Commissioner's indexing yet?)
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: "chd201" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 20, 2005 11:14 AM
Subject: Back-up
> I am sure this has been discussed on the list before (probably many
> times)
but
> I can't locate any advice. Do we have to provide e-mail stored on
> backup systems in response to an SAR? I believe that the system in
> place would
not be
> easily searchable and therefore may be exempt.
>
> Is there any guidance available on this?
>
> Caroline
>
> ------------------------------
> Caroline Dominey
> Data Protection & Planning
> [log in to unmask]
> 01392 263033
> ------------------------------
>
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>
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