Microfiche and Microfilm Systems

Whether microfiche and microfilm systems fall within the “relevant filing system” definition will depend on whether the records are structured in such a way as to ensure that “specific information about a particular individual is readily accessible”.

We have looked in detail at microfilm systems used by three major banks. Each of the systems was broadly similar and was carefully structured so as to ensure that, as and when necessary, specific customer account records could be located and retrieved. Our understanding is that when archiving the records in question the banks concerned were aware that there would be a need to retrieve specific records. Even though they envisaged only retrieving a very small proportion of the records they held, they nevertheless knew that they would need to retrieve some records, whether to resolve customer queries or to help law enforcement authorities. They employed staff dedicated to the task of retrieving customer account records from microfilm. In each case we were satisfied that the systems were “relevant filing systems” for the purposes of the DPA '98.

To describe one of the systems as an example, it is structured by reference to account numbers, billing days, and date ranges. Each microfilm contains the record of transactions for a number of accounts for a particular specified period. These are stored in drawers on which the billing dates and date ranges are marked. Therefore, before they even open a drawer, staff concerned know that the details of any transactions on a particular account made during the period in question should be on the relevant microfilm in the relevant drawer. Once the relevant microfilm has been identified, it is put on a microfilm reader and an employee runs through the film until the record is located by means of the account number.

In our view where records are structured by criteria related to individuals records of customer account transactions are referenced by their customer account numbers then the “Billing days” and “date ranges” clearly relate to individuals. They are the days on which particular customers are billed and the date range within which customers made particular transactions. Storing statements by billing day, date range and account number means that records are highly structured and facilitates the searching for particular records. This is very different from recording all transactions solely in time and date order.

Clearly, the information relating to the account transactions of a particular individual over a particular period of time are “accessible”. The question, therefore, is whether they can be said to be “readily accessible”. In our view if, when necessary, particular information/statements can usually be retrieved in a matter of hours, rather than days or weeks, then the information is “readily accessible”. The system in place is such that by applying a standard search procedure, the information sought can be obtained without searching through every item in every record. Plainly any non-computerised system of records of millions of accounts could not allow the more or less instant retrieval of particular records that a computerised system would allow. However, in our view, if the system allows access in hours rather than days, this constitutes, in context, easy and ready access. Those searching the system know at the outset that if a particular customer did carry out certain account transactions during a particular period then they will be able to find record of those transactions because the records have been structured so as to achieve this.

1

PJ/mm/01may07