The DPA has been much in the news of late thanks to HMRC fiasco businesses will need to understand when the Act applies.
Broadly the DPA will apply to manual paper records if:
- The paper files are a “relevant filing system”.
- Such contains personal data and
- The system is structured in the sense that like a library card system it allows the searcher to verify at the outset if the system holds personal data.
So old records that have not been archived with adequate or complete referencing are not likely to be covered. Similarly so with a poorly structured filing system. Likewise files ordered by date or by incident as opposed to by personal name are not likely to be caught.
Most HR records are likely to be caught however since typically they are referenced by surname.
