On Wed, Jan 22, 2003 at 02:33:16PM -0000, Trevor Smith wrote:
> In any case, the "disproportionate effort" clause does not apply to the
> question of whether or not information should be supplied, only to the way
> in which the permanent copy of the information is provided.
Can anyone shed more light on the whole issue of "disproportionate
effort"?
I've seen several places claim that they will not provide certain
information at all, using this exemption:
The University of Bristol, for example, claims on its Data Protection
page (http://www.bris.ac.uk/Depts/Secretary/subaccess.htm) that:
"The University's policy is that to supply deleted emails as part of
a subject access request amounts to disproportionate effort, and will
only be done in exceptional circumstances or as required by law."
This seems to be in line with the Compliance Advice on "Subject access
to personal data contained in e-mails."
http://www.dataprotection.gov.uk/dpr/dpdoc.nsf/ed1e7ff5aa6def30802566360045bf4d/91f613d25a5aebb180256900003aea6e?OpenDocument
"To summarise, the Commissioner's approach is that where e-mails are
held on live systems and can be located, she will seek to enforce
subject access if this has been denied. Where data are held elsewhere,
the Commissioner will weigh the interests of the data subject against
the effort that the controller would have to take to recover the data
and in many instances may be likely to decide not to take action."
Tony
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