Being asked to delete emails to evade FOI request in the future.

[Slim]

They are, and the legal definition of a backup is provided in the legislation. While you do not have right of access to a backup record under DP legislation, they are within the remit of the legislation and the Data Protection Commissioner has treated backups in both guidelines and decisions. Also the DP legislation is not irrelevant to this case. If the e-mails contain personal information, the friend is arguably a data processor and possibly a data controller within the meaning of the Acts and therefore had certain legal responsibilities related to this role.

To clarify; the backups are not subject to a DP access request. The friend cannot be a data processor, the employer is the data controller, staff are not data controllers or processors. Backups are only relevant where they are not safe and secure and/or, in some other way, DP legislation is breached.

 

[Dan Murray]

OP,

Your friend needs to be careful here. INEO, he should seek specialist advice from either the guards or the Department of Justice.

 

[Slaps16]

OP,

Your friend needs to be careful here. INEO, he should seek specialist advice from either the guards or the Department of Justice.

Hi Dan, my friend has since consulted their solicitor and they say the same, this can easily be turned against my friend if all hell breaks loose. My friend will be leaving this department soon but she is determined to highlight the 'practice' of the line manager non the less.

 

[Leper]

I don't know the gravity of the situation. To anybody looking in it appears there are problems in the workplace and emails are central to the conflict or have the potential to be central. Don't break this rule; don't break that rule. Consult the Dept. of Justice, contact the Gardaí. "I was only following orders . . . " from the Nurnberg trials comes to mind.

Self Preservation is the main point here and overrides all the rules and consultations. The person in question needs to protect herself and there is only one way to do it, copy the emails for later use if necessary.