In a message dated 20/05/04 17:05:36 GMT Daylight Time,
[log in to unmask] writes:
> I would suggest that a backup is not of itself a mechanism structured for
> systematic retrieval of individual data elements. Thus the backup per se is
> outwith the scope of the legislation. It is only when you restore the
> backup that the data again is capable of systematic retrieval.
---------
I disagree. Reading the case it appears an electronic backup or archive - as
opposed to the MDU's paper copy of data that no longer exists electronically
- would still be caught (provided there is sufficient focus on the
individual). Most backups and archives are searchable electronically.
This case further diminishes the rights of an individual in that the judge
seems to suggest that **any** manual searching for data should not be required.
Maybe the next case will establish that even electronic backups are exempt in
that they are not "live" data therefore they are not being processed.
I feel sadly that the judiciary are imposing a restriction on access rights
that were getting dangerously close to redressing an imbalance that existed
prior to 1998 where secret files (eg employment blacklists and staff appraisal
reports) allowed unchecked decisions to be made that affected the lives and
livelihoods of individuals.
Is this a fatalist view on my part?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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