"This being based on the fact that
the infrastructure has changed and is no-longer processing the data in
question as if it was then it would be retrievable."
Agreed - but only if , as suggested in my previous post, you can successfully argue that it is not held, since simply holding it is processing for DPA purpose, and if it is still held it is held in response to the original instructions to place it on the server !
-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf of Carroll James (South of Tyne and Wear)
Sent: Fri 29/07/2011 15:35
To: [log in to unmask]
Subject: Re: [data-protection] DPA if you hold but cannot retrieve it - then what?
Point accepted. In that case could you argue that it no longer meets
requirement 1(a) as it is no-longer being processed "...in response to
instructions given for that purpose." This being based on the fact that
the infrastructure has changed and is no-longer processing the data in
question as if it was then it would be retrievable. As such it no-longer
falls under the definition of 'data'.
James
-----Original Message-----
From: Bradshaw, Phillip [mailto:[log in to unmask]]
Sent: 29 July 2011 15:19
To: Carroll James (South of Tyne and Wear);
[log in to unmask]
Subject: RE: [data-protection] DPA if you hold but cannot retrieve it -
then what?
"I think you could possibly argue that the information is no-longer held
within a relevant filing system, in that it is no-longer "...structured,
either by reference to individuals or by reference to criteria relating
to individuals, in such a way that specific information relating to a
particular individual is readily accessible."
Except of course that the concept of a relevant filing structure is
irrelevant for data held electronically.
The concept of the information no longer being held is certainly not to
be ignored. Why is it still there at all ? Was there a firm intention to
dispose of it ?
Eszias is also certainly relevant. As pointed out it was not based on
s8(2) but on the more general notion that the obligation under s7 is "to
take reasonable and proportionate steps to identify and disclose the
information he is bound to disclose" - para 93 of the judgement. The
questions in my previous paragraph are I suggest relevant is deciding
what is reasonable and proportionate, as well as the nature and
significance of the data, why it was held in the first place, what the
normal retention period would have been, and of course the cost. i.e.
all the circumsatnces.
-----Original Message-----
From: This list is for those interested in Data Protection issues on
behalf of Carroll James (South of Tyne and Wear)
Sent: Fri 29/07/2011 14:53
To: [log in to unmask]
Subject: Re: [data-protection] DPA if you hold but cannot retrieve it -
then what?
I think you could possibly argue that the information is no-longer held
within a relevant filing system, in that it is no-longer "...structured,
either by reference to individuals or by reference to criteria relating
to individuals, in such a way that specific information relating to a
particular individual is readily accessible."
James
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 29 July 2011 14:23
To: [log in to unmask]
Subject: [data-protection] DPA if you hold but cannot retrieve it - then
what?
All
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
em: [log in to unmask] or [log in to unmask]
tel: 01952 382537
mb: 07528 969455
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