Not sure that is correct David.
My understanding of disproportionate effort is in the provision of a
permanent copy to the requestor, not all of the rigmarole in the data
controller getting the information together in order to produce a copy.
I have vague recollections of a case involving Morgan Stanley from 7 or 8
years ago where they were required by the courts to trawl their email
backups for info and turned up several hundred thousand emails. They had
refused to do the trawl and cited DE but were told it wasn't applicable.
In this case Morgan Stanley were told they didn't have to print the emails
out, i.e. provided a permanent copy, as this would be DE but they had to do
the trawl and make the information available to inspect i.e. on a PC within
their offices.
Like I said my understanding could be wrong and I am happy to be corrected
but I guess it hinges on how you interpret 'supplying' the permanent copy.
Is it just the printing or is it the stuff that goes beforehand as well?
As an aside how can you be certain you have/don't have any PD unless you do
the search of the back up anyway?
Is it Friday yet?
Lee Gardiner
Data Protection & Freedom of Information Officer
Operational Risk Management
Lancashire Fire & Rescue Service
Service Headquarters
Garstang Road
Fulwood
Preston
PR2 3LH
01772 866903
-----Original Message-----
From: David Wilson [mailto:[log in to unmask]]
Sent: 18 August 2010 13:38
To: [log in to unmask]
Subject: Re: [data-protection] Information Kept on Back-Ups
Yes it is held for the purposes of DPA but a key consideration is s8(2)(a)
re disproportionate effort. I know that some back up (probably older)
systems, involve reloading the whole back up on to the live system. It can
not be used independently. Therefore, it would be difficult to recover
specific individual data, for example it may require the services of
external IT consultants to do so, in such circumstances, it is highly
likely that this provision would absolve you from having to do so.
My approach in such circumstances would be to refuse the request but retain
the back up until such time as any complaint is determined by the ICO.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
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