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DPA - A question


martinwhite
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I was reviewing my company's employment handbook today. Its says, under Data Protection Act stuff, that it holds personal data on us for 6 years. This makes sense under the limitations rule.

 

Does the DPA specify any exact period that data must be kept for? I have had a preliminary scan of the actual text of the act and didn't find anything but haven't finished looking yet.

 

Basically what I'm getting at is this :- We know that statements etc are data as follows from Durant. If there is a requirement to keep data for x years under the DPA, then it surely follows that there is a requirement to keep statements for 6 years, and if they are shoved off onto Microfiche, then the argument about whether they can be requested might be defeated? If this is a pain in the rear then tough luck, you should have kept them accessible?

 

Not sure about this one admittedly as the DPA also says that information should be kept no longer than necessary.

 

Just a random thought that occurred to me today, feel free to shoot it down!!

 

Martin

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One more thing, how do they know for sure that YOUR statements were put onto microfiche unless they looked for them and found them in that format?

 

And if they found them wasn't that because they were nicely indexed in a card-type filing system?

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Hi all!

 

With regard to your post martinwhite:

 

I have just been reading a book I have that explains the Data Protection Act in lay terms -

 

It seems to suggest that the records should be kept only for as long as necessary i.e. in Contract Disputes 6 years and Personal Injury Claims 3 years etc.

 

What you came across at work is to do with the statute barred element(6 years) of any potential claims against your employer by any employee under the Employment Contract.

 

In conclusion,I would have thought that as we have contracts with our creditors the data would be kept for 6 years.In what format etc it does not seem to be clear.

 

As a guess though,I would have thought that it would depend on how that particular industry stored its data by whatever means deemed acceptable under provisions of the DPA.

 

I hope you find this information useful.

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  • 12 years later...

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