I don't disagree with the common-sense logic behind this and Antoinette's
contribution. The question is how do you get there legally from the
definition of "data": "being processed by means of equipment operating
automatically in response to instructions given for that purpose [or]
recorded with the intention that it should be processed by means of such
equipment"? Surely the whole point about any kind of backup is that it is
recorded with the intention of being processed automatically at some time in
the future if necessary?
This seems to me another example of insufficiently clear thinking at the
time the Act was drafted and another attempt by the (previous) Commissioner
to make the Act say what it should have said, not what it actually says.
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: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 20, 2005 12:32 PM
Subject: Re: Back-up
> 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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