I'd say you were 100% right.
I would suggest a response along the lines of:
"We are no longer either a controller or processor of the personal data
requested. Accordingly we can have no objection as we have no longer
have standing. The data are currently stored and/or processed by
<details of the archive>. We suggest you contact them with your request
for access or disclosure."
It's an interesting question whether the /Archives/ (i.e. the current
data controller) can disclose or not, but I suspect this is far from the
first time that this sort of question has come up.
Iain Harrison wrote:
> Apologies for cross posting, but I have received a query, outlined
> below, that I would appreciate any views on.
>
> We have received a request from a former pupil (who left school some
> 50+ years ago) who is apparently looking to establish a reunion of old
> classmates/teachers from his former (no longer extant) school in the
> Leicester City Council area. He is basically seeking to clarify correct
> names etc. of old associates.
>
> I say "we" have received the request. The request was actually
> received by the County Archives (administered by the County Council) who
> advised the requester to contact us for "permission" to view the
> records.
>
> I am of the view that as we transferred these records to the Archives
> in line with our Retention & Disposal policy after use had concluded, we
> have thus disposed of them and they are now the property of a separate
> data controller/public authority (i.e. the Archives). "Permission" is
> not ours to give!
>
> I would appreciate any views on this.
>
> Thanks
> Iain
>
> Iain Harrison
> Information Governance Consultant
> Leicester City Council
> 0116 252 7606
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|