Disclaimer

The new DPC website is currently under construction. Our latest guidance in relation to GDPR, which comes into effect on 25th May, 2018, can be found at gdprandyou.ie and via pages on this website starting with "NEW" as per the navigation pane on the left. All other material on this site relates to the previous legislative regime under the Data Protection Acts 1988-2003 ("the Acts"). While the Acts may continue to apply in some circumstances, as of 25th May, 2018 the GDPR is the primary piece of legislation governing data protection.

Data Protection Commission

3.16  Should back-up data be considered as part of an access request?

Back-up data are data kept only for the limited purpose of replacing other data in the event of their being lost, destroyed or damaged. Data kept for any other purpose, such as archive data, would not be considered back-up data. As back-up data are meant to be only copies of "live" data, they are not subject to the same strict rules as "live" data. They are not considered to be subject to an access request made pursuant to Section 4 of the Data Protection Acts. However, in a situation where only the back-up data remains, this would be subject to the full requirements of the Acts – including providing copies in response to an access request.