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MIS Systems Thread, School Data Ownership in Technical; Originally Posted by PhilNeal So if your data is in the cloud presumably it gets deleted if you stop paying? ...
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    Quote Originally Posted by PhilNeal View Post
    So if your data is in the cloud presumably it gets deleted if you stop paying? Even though the school owns it without doubt can someone else delete it?
    I'd like to think they'd be responsible about it but if your school printed all the data off, put it in a physical storage warehouse space they'd rented and stopped paying the bills for that space what would happen? Eventually the owner of the warehouse would want to reclaim the space right?

    Nothing magic happened here just because the warehouse is digital instead of "physical" imho.
    Last edited by Roberto; 6th March 2013 at 11:12 PM.

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    I think we need to understand the relationship between the data controller, the data subject and the data processor.

    If we take the example of a solution where data from data subjects is moved to, and stored, in the cloud by a company, contracted to do so by the data controller, then there are responsibilities on all sides.

    Firstly the Data Subject has to trust the Data Controller to deal with their data as per the Notification, the laws of the land (mainly DPA for the sake of this example) and the contract.

    The Data Controller has a responsibility to ensure that the data is held in accordance to the law, processed accordingly and available if needed.

    The Data Processor has a responsibility (in this example case) to move, store and make available the data for the period of time for which they are a data processor. Once they are no longer a data processor they have no right to hold or process the data. They have to delete / destroy it. They do have to give the Data Controller all reasonable notice and reasonable access to the data before they do so, and they are accountable to the Data Controller to ensure that the data is destroyed correctly. All of this is usually covered by contracts between the Data Controller and any Data Processor (including the storage facility).

    A company who deals with the data, moves the data around, holds it in transit or otherwise is contracted to make sure that once the contract comes to an end then any data they have held or moved is deleted, then they might say the data is theirs to destroy ... it would be very poor wording but the intention might be that they have to take appropriate action to ensure they meet their contractual and legal responsibilities.

    It is messy ... which is why we have to be careful about saying someone is wrong to say that data can't be deleted by someone ... without a full picture (including good knowledge of any contracts, the Notification and history) then I think we need to be careful of trying to guess who is involved in this. I don't know who is (even after having a conversation directly with the OP) and I doubt many others would know (and if they did they would probably not be able to comment).

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