We made the "strategic" decision not to search back-ups when responding
to subject access requests unless the circumstances of the case dictated
that it was necessary to do so, ie. if the requester knew that a
document had once existed but the search of the current mailbox had not
located it.
I very conveniently chose to interpret the ruling on Johnson v Medical
Union case (where information had been held on computer, but was then
archived in paper format, and not disclosed) in the way that just
because we had something six months ago, doesn't mean we have it now!
We also decided that back-ups should only be retained for 6 months
instead of 12, and we've not had a single operational issue arise where
back-ups over 6 months old might have be useful to still have.... There
is a school of thought that says that a set of back-up tapes sat on a
shelf does not constitute a "structured filing system" because the data
is only "searchable" once the data is restored from the tape back onto a
server.... Blimey, that's a real Friday-afternoon-er!!!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jackie Leesons
Sent: 24 March 2006 12:25
To: [log in to unmask]
Subject: [data-protection] SAR - Email
Under the subject access provisions, we are receiving requests for
copies of email correspondence from individuals who have had contact
with several areas of the authority. This is proving to be a time
consuming and costly exercise as each server has to be searched
individually and each back up contains a maximum of 10 days information,
so to go back any length of time is verging on the impossible, given the
time constraints.
Asking the individual for dates, authors, subject matter of emails seems
unreasonable as what they are seeking is probably the correspondence
they don't know about!
Are others getting similar requests for email information and, if so,
how are you dealing with them?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list
owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message is for the use of the intended recipient(s) only.
If you have received this message in error, please notify the sender and delete it.The British Council accepts no liability for loss or damage caused by software viruses and you are advised to carry out a virus check on any attachments contained in this message. Our purpose is to build mutually beneficial relationships between people in the UK and other countries and to increase appreciation of the UK's creative ideas and achievements. The British Council is registered in England as a charity.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|