I would say you are stuck with responding in full, redacting only where
lawful.
This points to the absolute need to have a specific policy regarding all
forms of Free Text Fields (which include emails), and to make that policy a
part of the organisation's code of conduct, with penalties up to and
including summary dismissal for serious breach.
It should be noted that, where "uncomplimentary" means defamatory, the data
subject may have a successful case for libel against the individual who made
the remarks.
Deleting any such emails outside your data deletion/destruction policy is
tantamount to wilful destruction of evidence and would be looked upon with
deep suspicion by the courts. Similarly you presumably have retention
periods set in your Data Retention Policy. These must be adhered to.
Emails and free text fields are an amazing minefield. I both have total
sympathy with the sender (How often I have wanted to say precisely what I
think of a person in an email) and none at all, since their act of emailing
anything that is embarrassing in this manner brings the organisation into
disrepute
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gerry Dane
Sent: Tuesday, October 26, 2004 11:49 AM
To: [log in to unmask]
Subject: [data-protection] Ill judged comments
Dear all,
An SAR is received and, in the servicing of it, a number of emails are
uncovered that contain text far from complimentary to the data subject.
The author of the messages argues that although the data subject figures in
the message s/he was clearly not the intended recipient of the message - and
on that basis argues for non-disclosure. (this of course is rejected)
However, how much of the email needs to be disclosed - it has been suggested
(by the OIC) that it is acceptable to supply only the text of a message -
not the metadata. This seems to me to contradict Part II 7
(1) (c) (ii) but I'd be interested in hearing what anyone else thinks.
It would certainly ease the job to be able to respond to third party
concerns by telling them that we are merely copying and pasting the contents
of a message. And then simply say to the data subject that it originated
with the Uni and that's the bottom line detail they're getting in respect of
'source of those data'
Gerry.
Mr.G.Dane
University of Newcastle
Newcastle upon Tyne
NE1 7RU
Email: [log in to unmask]
-------------------------------------------
The views expressed in this message are those of the sender and not
necessarily those of the University.
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