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Old 06-10-2003, 05:47 AM
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Talisman Talisman is offline
 
Join Date: Aug 2002
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What, you again?? Gosh, you're a persistent fellow.

Yes, I'll do a little research when something new comes up if I'm not familiar with it. (What can I say? It's a curse.) That Data Protection Act really did sound like it applied to us at first glance. I didn't have a clue what that was all about, so I had to check it out. And even then, I still had to read over the stuff I found a few times before it dawned on me that data collecting really meant DATA COLLECTING and processing, retrieval, and so on. That's important stuff if you're handing out bank loans to birdwatchers (credit history/financial data) or running a rehab center for stressed out chess masters (medical/psychiatric records).

I really am interested in this topic because I fully intend to keep some (private) historical record of our closed memberships (email addresses, IP addresses, locations, join dates, and such). So if we actually find something legally binding that says I'm obliged to delete that stuff upon request and I can't find a (legal) way to wiggle out of it, I'll be really bummed.

Okay, so it looks like we agree on two points, thus far: (1) Keeping some guy's user name and IP address doesn't infringe on anybody's copyright, and (2) we don't even have personal information on these people in the first place, so there's no data collection or protection issue to worry about. So now we move on to Records Management.....

Mind you, my little website and message board is not a commercial enterprise, so it doesn't actually fall under these corporate laws and regulations. But that's okay.... we'll still look at them.

If I remember correctly, corporations in the United States are required by law to retain (general) business documents for seven years and they're bound by IRS regulations to keep their financial records for 21 years. (That timing might be outdated, for alI know. I didn't look it up.) Other records would also be covered by different rules ..... legal files, employment records, permits/certifications, hazardous material management, etc. Having checked with your HR department, you know each of the top managers in these areas have to know and abide by the laws, standards, and specifications that pertain to their field. And they're responsible to make sure the firm sets corporate policy in accordance with applicable local, state, and federal laws. On and on....

So with this in mind, what you've just told us, Jethro, is in full agreement with the point I was making. (Sorry, dude.) By this, I mean that a departing employee can't just quit his or her job and force the employer to totally destroy every teensy detail they have in their files - just because this person asks to be deleted. On the contrary, that company will instead follow the policy they've developed to handle how they keep and dispose of their records.... according to everything else they need to consider.

To illustrate my point, I gave an employer-employee analogy. Now, in consideration of that company's Records Management responsibilities, I'll expand that same text a wee bit to show you that it's still valid.

Quote:
"Let's say somebody quits a job. Their former employer "deletes" them from the ranks of their active workforce and closes everything down that has anything to do with this individual <<in accordance with company policy and applicable local, state, and federal law.>> But their old personnel records will end up being stored in the company's archives <<in keeping with current records management practices>>, the memos they wrote will still exist in old correspondence files <<until such time as those files are scheduled for destruction>>, and the funny cartoon they tacked up on the lunch room's bulletin board might still be there a few years later.

While the person may no longer be an employee, the firm still retains very detailed records that they worked there in the past."
Is that better?

[high]* Talisman tries not to giggle at Jethro's last move (the poor dear) and suggests he deploy something more than just a pawn if he wants to go after that queen.[/high]
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