Ciaran,
There's ICO guidance to the effect that when material which is the subject of a request for information is scheduled for disposal before the end of the statutory period for response, it is lawful to continue with the disposal, though as a matter of good practice the disposal should be 'frozen' and the relevant material retained. That guidance refers specifically to FOI, but there's no reason why the same considerations wouldn't apply to information falling under a SAR.
It's effectively a breach of the s.46 Code of Practice - you might face some flak for failing to communicate to the information owner early enough that the information should be preserved, but unless there's any intention to delete with a view to depriving the applicant of the information (which in a case where it's deleted accidentally, by definition there isn't) then s.77 shouldn't really come into consideration.
Kind regards,
Andrew Powell
Information Management Officer
Corporate Information Management Team
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX)
Sent: 06 July 2012 13:30
To: [log in to unmask]
Subject: Re: [data-protection] Deletion of CCTV footage
You're talking about crime here. Specifically, Section 77 of the Freedom of Information Act 2000.
"77. - (1) Where-
(a) a request for information has been made to a public authority, and (b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section, any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled."
The key bit is: "... with the intention of preventing the disclosure by that authority ..." If the person doing the deleting had no intention of frustrating the request, there's no offence.
This is not a minor issue - needs handling carefully.
David Bownes
Lead Information Management Officer,
Business Information Solutions (BIS), Sheffield City Council. Tel: 0114 273 6891
Think green - Don't print unless you must Protective Marking: PROTECT (unless a different marking appears in the subject line of this email)
----- Original Message -----
From: "Ward, Ciaran" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 06, 2012 12:58 PM
Subject: Deletion of CCTV footage
Can anyone advise on the implications for accidental deletion of personal
data that has been requested as part of a SAR?
- eg CCTV footage overwritten after 30 days, (which someone had requested as
part of a SAR), but the deletion occurred after the SAR was received due to
an administrative error.
Thanks.
Ciaran Ward Information Officer
Lee Valley Regional Park Authority E-mail Disclaimer.... This email and any
files transmitted with it are confidential and intended solely for the use
of the individual or entity to whom they are addressed. If you are not the
intended recipient, the use of the information by disclosure, copying or
distribution is prohibited and may be unlawful. If you have received this
email in error please notify the systems manager at
[log in to unmask] The email should then be deleted.
The views expressed in this message are personal and not necessarily those
of Lee Valley Regional Park Authority unless explicitly stated.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This Email, and any attachments, may contain non-public information and is intended solely for the individual(s) to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Sheffield City Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
IMPORTANT:
Confidentiality: This email and its attachments are intended for
the above named only and may be confidential. If they have come to
you in error you must take no action based on them, nor must you copy
or show them to anyone. Please reply to this email and highlight the
error.
Please visit the Council's website at: www.wandsworth.gov.uk
All archives of messages are stored permanently and are
available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)
