So effectively ICO say's that the courts are very important so we must provide them with the info but individuals are less so, we can avoid our responsibilities.
I think principle 7 is a little hard to comply with, are there any areas we can avoid doing to save us time and money? I find firewalls a bit difficult.
Chris
Chris Tinsley | Information Management Officer, GreenSquare Group
tel: 01249 466112 | [log in to unmask] | Methuen Park, Chippenham SN14 0GU
GreenSquare incorporates Oakus, OCHA, Sparrow, Tidestone, and Westlea Housing
housing people, building communities
www.greensquaregroup.com
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Jim Whitaker
Sent: 05 September 2012 09:36
To: [log in to unmask]
Subject: Re: UK - Firms do not always need to delete personal data to comply with data protection rules, says ICO
Not according to the Out-Law.com report of a statement from the ICO:
"We will not require data controllers to grant individuals subject access to the personal data provided that all four safeguards above are in place," it said. "Nor will we take any action over compliance with the fifth data protection principle. It is, however, important to note that where data put beyond use is still held it might need to be provided in response to a court order. Therefore data controllers should work towards technical solutions to prevent deletion problems recurring in the future."
Jim
========================================================================
Good point.
I imagine it would still apply to a SAR. As they would still be processing the data in the strictest sense of the word.
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Chris Tinsley
Sent: 05 September 2012 08:26
To: [log in to unmask]
Subject: Re: UK - Firms do not always need to delete personal data to comply with data protection rules, says ICO
I presume this would apply in instances where "Live" data has been deleted but might still exist on a backup or archive. In the event of a computer failure there would be no intent to restore or use the data but it would be extremely hard and expensive to ensure that the data had been wiped from all of the backups.
Does this mean that the data would be available for an SAR?
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GreenSquare comprises
GreenSquare Group Limited | An Industrial and Provident Society with charitable status number 30386R | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Oakus Estates Limited | Registered as a private limited company in England & Wales number 3861414 | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Tidestone Limited | Registered as a private limited company in England & Wales number 3861419 | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Oxford Citizens Housing Association Limited | An Industrial and Provident Society with charitable status 12305R | Registered Office: 244 Barns Road, Oxford OX4 3RW
G W Sparrow and Co Ltd | Registered as a private limited company in England & Wales number 01971730 | Registered Office: 5 Cobham Centre, Westmead Industrial Estate, Westlea, Swindon SN5 7UJ
Westlea Housing Association Limited | An Industrial and Provident Society with charitable status number 28095R | Registered Office: Methuen Park, Chippenham SN14 0GU
GreenSquare Community Housing | An Industrial and Provident Society with charitable status number 31476R | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
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