Not sure about SARs, but in relation to FOI requests, at least under the UK Act, the Tribunal has held that information on backup tapes is held for FOIA purposes.
In one of its first decisions in 2005 the Information Tribunal held that "Simple restoration from a... back- up tape, should normally be attempted, as the Tribunal considers that such information continues to be held"
EA/2005/0001, Paul Harper & Information Commissioner & Royal Mail
http://www.informationtribunal.gov.uk/DBFiles/Decision/i38/harper_v_information_commissioner.pdf
A few days ago, the First Tier Tribunal made a similar ruling in relation to a request to the University of East Anglia for an email which UEA said had been deleted. The Tribunal found that: "it was a matter of common-sense that information backed-up onto a back-up server in the control of UEA, but deleted from the computer on which the original email was composed, was still ‘held’ by UEA."
EA/2011/0152, Dr Don Keiller & Information Commissioner & University of East Anglia
http://www.informationtribunal.gov.uk/DBFiles/Decision/i656/20120118%20Decision%20EA20110152.pdf
Maurice Frankel
Campaign for Freedom of Information
www.cfoi.org.uk | http://twitter.com/CampaignFOI
On 25 Jan 2012, at 13:26, Susan Graham wrote:
>
> I'm interested in learning what approach other organisations take to subject
> access requests and back up tapes. If an applicant makes a subject access
> request and specifically asks you to search back up tapes, should you do so?
>
> Best wishes
>
> Susan Graham
> University Records Manager
> Records Management Section
> University of Edinburgh
> Old College
> South Bridge
> Edinburgh
> EH8 9YL
>
> Tel: 0131 6514 100
> ----------------------------------------------------
>
> CLEAR & LOCK YOUR SCREEN, BEFORE YOU LEAVE THE SCENE
>
> Beware unauthorised access. Whenever you leave your desk, lock your
> computer using CTL+ALT+DEL, and never write your password down where it can
> be found.
>
> To find out more, visit http://www.ed.ac.uk/records-management and
> http://www.ed.ac.uk/is/encryption
>
> ----------------------------------------------------
>
>
> --
> The University of Edinburgh is a charitable body, registered in
> Scotland, with registration number SC005336.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|