Doreen,
The Information Tribunal's decision on the Royal Mail case (Paul Harper v Information Commissioner and Royal Mail - nov 2005) discusses when deleted data is still "held" for FOIA purposes. It effectively dismisses the guidance previously provided by IC and DCA.
In summary:- where deleted data is readily accessible then it should be recovered, although costs implications of recovering data will be relevant to the £450 limit.
So I think in your example you would at least have to ask IT to retrieve the deleted email. The extent to which they could in practice retrieve it would inform your decision about whether the data was still held or not.
Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
tel: 0116 252 6498
(Office hours: Mon a.m./Tue/Thu)
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