Arguable but I am not convinced P7 will necessarily bite.
Imagine a pre-computer process in which the data was in a filing cabinet and you have lost the key. Is it lost, destroyed or damaged?
No.
In the current scenario there may indeed be some (particularly more recent) data lost depending on back up routines and timing, but still a causation issue.
Other principles might be invoked. In the filing cabinet case is having it unavailable "fair" processing. Given that processing includes holding this may arguably be stronger than P7 here. Similarly for computer case.
Also P4 - is the data adequate if it is inaccessible? First thought this doesn't work as adequacy relates to the data rather than the processing (which P1 does cover).
P2 also may apply. Again since processing includes holding, is holding in an inaccessible place incompatible with the purpose. Looks so to me. P2 may be the strongest.
Certainly if I was a lawyer of a certain disposition I would be salivating at the prospect of a group action ...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|