I don't think its incompatible to say you can't have access to entire email archive and to accept that emails should be considered on a case by case basis - in fact, I think one reasonably follows from the other.
Consider DB v GMC: the controller 'is the primary decision-maker in assessing whether it is reasonable or not [to disclose]' and they have a 'wide margin of assessment' and 'discretion' in that respect.
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tony Sheppard
Sent: 06 June 2019 11:10
To: [log in to unmask]
Subject: Re: [data-protection] SAR Former employee emails
I raised this with ICO helpline again yesterday and, not surprisingly, they repeated that every case had to be taken on its own merit ... but that even if data was provided, the document (e.g. the email) has context that might be deemed required, e.g. it is not just what was in the email but who was involved and the time/date.
At that point ... you just say ... heck, that means we share the email!
This is one reason I am trying to get folk to understand that emails should not be used for records, make sure you record things in the right place and then get rid of what you don't need!
Tony Sheppard
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Palmer-Dunk, Dan
Sent: 06 June 2019 10:32
To: [log in to unmask]
Subject: Re: [data-protection] SAR Former employee emails
I think you're right to take that approach - as Phil has stressed elsewhere, A15 entitles access to data, not documents. You cannot provide access to the entire archive without risking adversely affecting the rights and freedoms of others (A15(4)).
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Liam Wilkinson
Sent: 06 June 2019 10:27
To: [log in to unmask]
Subject: [data-protection] SAR Former employee emails
Hi all,
Just looking for a sense check here. We have received a request from the union representative of a former employee for emails from the former employee's work email account. It reads:
"we request that steps are put in place to archive the content so that it can be supplied to XXX and [their] representatives to enable the search and retrieval of pertinent emails".
The former employee's email account is suspended, not closed. My thinking is that the request for the entire email archive is excessive and the archive will, of course, contain other people's personal data. I would suggest that we ask the requester to be more specific about the data required (email content/emails within a certain time frame etc) and then we can provide a specified selection of emails, redacted where required.
Any suggestions/comments would be much appreciated. SARs are few and far between here!
Thanks,
Liam
YSJU
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