Paul
Thanks for this useful advice. Although it's not an ideal situation I'm content that no breach was committed as the deletion was part of a standard routine process and not carried out deliberately to prevent disclosure. The key issue is whether a bar on deletion should have been applied to the footage in question once the request was received. I haven't seen anything which refers to this in the DPA or ICO guidance.
Ciaran
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 06 July 2012 13:14
To: [log in to unmask]
Subject: Re: [data-protection] Deletion of CCTV footage
You are not allowed to delete information deliberately after you have received a SAR, but s.8(6) says you are OK with any "amendment or deletion made between [the time of the request] and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request".
So, obviously not ideal, but I don't think you are in breach.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
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----- Original Message -----
From: "Ward, Ciaran" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 06, 2012 12:58 PM
Subject: Deletion of CCTV footage
Can anyone advise on the implications for accidental deletion of personal
data that has been requested as part of a SAR?
- eg CCTV footage overwritten after 30 days, (which someone had requested as
part of a SAR), but the deletion occurred after the SAR was received due to
an administrative error.
Thanks.
Ciaran Ward Information Officer
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