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I have been asked by a colleague – hypothetical situation.

 

If you have  Personal information that has been requested under DPA and of which is stored on a server, however you have implemented a different infrastructure since so therefore accessing this “information” would require the “rebuild” of the previous infrastructure to access and retrieve.  Under the definition of DPA is it reasonable to quote – “because of the change to hardware/software we are unable to access this information so therefore this is deemed disproportionate”.

 

Q:  Do organisations have a legal requirement under DPA to fulfil the request (absorb the cost and rebuild to access it), because the organisation failed to destroy the information initially when the new infrastructure was implemented?

 

 

Many thanks

Trish

Trish-louise Bailey

Audit & Assurance (Information Governance)

(IG covers:  Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)

Telford & Wrekin Council

Civic Offices

Coach Central

Telford

TF3 4HD

www.telford.gov.uk

 

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