I've come across the ICO's new guidance on deleting personal data.
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/inform
ation_standards/~/media/documents/library/Data_Protection/Practical_appl
ication/deleting_personal_data.ashx
Although backups are not specifically mentioned, the following section
refers to circumstances where "information has been deleted with no
intention on the part of the data controller to use or access this
again, but which may still exist in the electronic ether. For example,
it could be waiting to be over-written with other data." If the
information has been put 'beyond use' then the data controller is not
required to grant individuals subject access. There are also four tests,
or 'safeguards' that need to be in place to satisfy this definition.
Does this mean that if an email is deleted from the 'live' system, but
may persist for a time in daily/weekly/monthly backups, while waiting to
be overwritten by subsequent backups, there is no obligation to restore
that backup to locate relevant personal data? There is no intention to
process the data again, therefore by this interpretation the records
would be 'deleted' rather than 'archived'. Or alternatively, is holding
a backup for disaster recovery purposes still an intention to 'use or
access' the data again?
best wishes
Mark Ogden
Mark Ogden
Information Policy Advisor
Information and Knowledge Management
British Council
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