If (1) says you must keep it, then (2) suggests a breach of Principle 7 -
accidental loss or damage, and if the Data Subject has suffered a loss as a
result they could sue for compensation.
But, after Durant, is it personal data in the first place?
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----- Original Message -----
From: "Brenda Scourfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 13, 2004 11:18 AM
Subject: Destroyed files
> If there has been a court case for fraud between the Authority and a data
> subject who applied fraudently for monies is there a legal requirement to
> keep this file for a certain number of years ?
> If so, what happens if the file became seriously water-damaged and had to
> be destroyed and the data subject expects it appear in his SAR ?
> I suppose the second question rather depends upon the answer to the first,
> as if there is no requirement to keep the file there is no problem.
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