The UK Data Protection Act 1998 (“DPA”) imposes various restrictions on “data controllers”, such as employers, when “processing” personal data relating to individuals. In particular, employers must comply with eight data protection principles when processing personal data about their employees. The Information Commissioner’s Office (“ICO”) has recently published guidance papers on two particular areas on which these principles impact: deletion of electronically stored data (including whether employers must disclose deleted or archived data in responseto a Data Subject Access Request), and the use of cloud computing. This DechertOnPoint summarises the advice provided by these guidance notes.

Deleting personal data -

The DPA’s fifth data protection principle requires data controllers not to keep data for longer than is necessary for the purposes for which it is processed. Complying with this principle is not always a simple task, particularly where personal data is stored electronically. Accordingly, the ICO has published guidance on “Deleting personal data” intended to...