But the disproportionate effort test applies only to provision of the information in permanent form, not provision per se.
Susan Healy
Information Policy Consultant and Data Protection Officer
Tel +44 (0)20 8392 5330 ext 2305
The National Archives, Kew, Richmond, Surrey TW9 4DU
www.nationalarchives.gov.uk
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 18 August 2010 13:38
To: Healy, Susan
Cc: [log in to unmask]
Subject: Re: [data-protection] Information Kept on Back-Ups
Yes it is held for the purposes of DPA but a key consideration is s8(2)(a) re disproportionate effort. I know that some back up (probably older) systems, involve reloading the whole back up on to the live system. It can not be used independently. Therefore, it would be difficult to recover specific individual data, for example it may require the services of external IT consultants to do so, in such circumstances, it is highly likely that this provision would absolve you from having to do so.
My approach in such circumstances would be to refuse the request but retain the back up until such time as any complaint is determined by the ICO.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
"Healy, Susan" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]> 18/08/2010 13:01 Please respond to "Healy, Susan" <[log in to unmask]>
To
[log in to unmask]
cc
Subject
Re: [data-protection] Information Kept on Back-Ups
It still counts as ?held? for FOIA purposes so I assume it is also ?held?
for DPA purposes.
Susan Healy
Information Policy Consultant and Data Protection Officer Tel +44 (0)20 8392 5330 ext 2305 The National Archives, Kew, Richmond, Surrey TW9 4DU www.nationalarchives.gov.uk
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 18 August 2010 12:56
To: [log in to unmask]
Subject: Re: [data-protection] Information Kept on Back-Ups
If a record deleted today contains personal data and remains on the monthly backup 6 months later does it have to be retrieved if a subject access request is made for that personal data ? If so, then it is necessary to catalogue every deletion and the date the deletion was made, to know whether it still remains on a backup.
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
ext 5380
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 18 August 2010 12:40
To: [log in to unmask]
Subject: Re: [data-protection] Information Kept on Back-Ups
I would not consider the guidance as requiring individual files to be deleted. Indeed that would defeat some of the purposes of back up e.g. if deletion was in error or accidental.
My view is that it means you should have a clear back up policy which in due course deletes or overwrites the back up media.
So e.g. we have daily, weekly and monthly backups. Any record deleted today will finally disappear from al back up media in 1 month's time. That in my view is compliant. What would not be would be to retain e.g. the monthly back-up media permamnently.
From: This list is for those interested in Data Protection issues on behalf of Ann-Marie Noble
Sent: Wed 18/08/2010 11:56
To: [log in to unmask]
Subject: [data-protection] Information Kept on Back-Ups Dear All My University's ICT Department is considering introducing a new on-line back-up system so it seems timely to discuss their back-up policy with them to ensure it takes account of data protection issues. I am particularly mindful of the statement in the ICO's Guide to Data Protection which states in B5.21, 'If it is appropriate to delete a record from a live system, it should also be deleted from any back-up of the information on that system'.
Would anyone be willing to share with me details of their back-up policies? In particular, I'd be interested to know how the ICO's guidance has been interpreted in terms of local procedures for deleting individual files from back-ups.
Many thanks
Ann-Marie Noble
University of Lincoln
Email: [log in to unmask]
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