Victoria,
We have struggled with this issue as well under DPA 98 and under DPA 2018/GDPR. We have a workable solution but are always looking to improveā¦
a) whether this is an issue for your organisation and how you tackle it?
Under DPA 98 we asked them to narrow this down specifically and unless it was specific we would not be able to provide cf Durant.
Under DPA 2018/GDPR we have taken the view of looking at 12 (5) (b) if the request turns up more than 500 on a "I want everything about me" request. Once we know we have more than 500 we ask them to narrow it by providing the criteria to narrow i.e. between dates, between officers, terms to cross reference e.g. nature of the issue that their PD relates to.
We have focused on the FOI fees regime to determine excessive and we are mindful of the EIR manifestly unreasonable tests. With EIR, organisation can and do charge for requests so they can indicate that above a certain level, say 18 hours of work, they might argue that the request is manifestly unreasonable or the applicant can pay to do the work specifically. By that I mean, if the organisation does not charge, they can say that 18 hours, similar to the fees limit in FOI, would be unreasonable.
b) whether you have implemented an automated deletion of emails?
We have not done this but we have looked at it. We know of organisations that do this, but it took them two years to implement the change and it was for emails older than 3 months. One approach that we looked at was the capstone approach. https://www.archives.gov/files/records-mgmt/email-management/final-capstone-white-paper.pdf Discussions with the ICO were that this was possible but only so long as the organisation met its DPA/FOI/RM responsibilities. If you want to run the risk that minor emails are missed then this might be a solution. However, I am not aware of it being tested in UK law so I would think it needs careful thought before being introduced since it is a US Gov.
Please let us know what you decide as it would be good to share how others manage this issue with the new DPA2018/GDPR requirements.
Best,
Lawrence
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Victoria Heath
Sent: 07 November 2018 09:17
To: [log in to unmask]
Subject: SARs and the provision of emails
Hi all,
Apologies for cross posting:
I am looking to find out how other Universities or other large (public sector) organsations deal with SARs that request 'all emails that mention me' or similar. We are finding this the most problematic task of dealing with SARs due to the huge volumes of emails returned by a search. I was hoping that people might share:
a) whether this is an issue for your organisation and how you tackle it?
b) whether you have implemented an automated deletion of emails?
Happy to discuss on or offline and if you can share any good practice or ideas, I'd be more than grateful.
Kind Regards,
Vicki
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