I'm going back to my thoughts (depending on the manner of backup held) that
backup per se are not usually designed to allow systematic retrieval of data
in the way the DPA means, and thus might be considered to be removed from
the legislation.
However, once the backup is restored we have a fish of an entirely different
colour.
To me a backup if on tape is simply a load of "stuff" that has been filed in
a coherent manner, but outside the software designed to index and retrieve
individual records. It may be magnetic dots, but it isn't the same style of
"Systematic Retrieval Mechanism".
OK, I know it's a fine distinction, and I don't think I'd be prepared to go
to jail over it, but I think it is an argument worth making.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Michael Doherty
Sent: Tuesday, June 29, 2004 5:45 PM
To: [log in to unmask]
Subject: Re: [data-protection] retrieval of back up tapes
Hello,
In relation to the question, "are we required under DPA to retrieve the data
from our back up tapes?", I think the answer is yes.
Schedule 8 para 12 provides the exemption for back up data from the
application of section 7 (subject access) during the first transitional
period (up to 23 October 2001)only.
Some may argue that back-up tapes are not being processed; but "processing"
includes "holding" information or data.
Could be a horror story unless back-up retrieval processes are slick.
Regards and good luck,
Michael Doherty
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