Dear Caroline,
The last couple of times this "did the rounds" it was at my instigation,
so I can fill you in on the advice I gleaned at the time. There is no
definitive advice available apart from the ICO's advice which, as Paul
Ticher rightly says, is very old and clearly not up to date. Certainly,
the advice has not been up-dated post-Durrant. There are people who
argue that the original advice still stands. But there are others who
believe that back-ups (by their very nature) are non-searchable until
such time as you have restored them, and are therefore not a "structured
filing system", and this is ultimately the policy decision I have set
for our own organisation. If, however, a DSAR specifically requests a
search of the back-ups because the search of the "live" systems has not
located a specific e-mail they know to have existed, then I will carry
out a backup search. But I would not automatically conduct a search of
back-ups unless I felt that the circumstances of the case dictated it.
Hope that helps,
Regards, Antoinette
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of chd201
Sent: 20 January 2005 11:14
To: [log in to unmask]
Subject: [data-protection] Back-up
I am sure this has been discussed on the list before (probably many
times) but
I can't locate any advice. Do we have to provide e-mail stored on backup
systems in response to an SAR? I believe that the system in place would
not be
easily searchable and therefore may be exempt.
Is there any guidance available on this?
Caroline
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Caroline Dominey
Data Protection & Planning
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01392 263033
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