Hi All,
So I made a subject access request for emails that entailed information about me, between certain persons, for the last 6 months.
The company Data protection officer finally sent the information through. The relevant PDF only contained 1 email. I know for a fact that there were more and therefore other emails had been deleted, which means the company's IT department did not include in their search.
Am I entitled to request that the company searches for deleted files.
You can request deleted files, but if they're deleted then I don't know what you expect the company to send you. If a subsequent search shows that (for example) emails prior to 2 months old were deleted prior to your initial request, then they're gone. The company isn't under any obligation to attempt to recover them if indeed that was even possible.
You say you know for a fact that there were more emails, but the issue is how you prove this. How did you word your request?
For example, if you asked for 'emails between person A and person B regarding Mayhem007' then IT may have run a search for emails that contained your name. but if Person A and B had a chat about you in an office and a later follow up email just said 'regarding today's chat, I agree the next step is to force the person out' then that wouldn't have shown up.
Basically, put yourself in a neutral arbitrator's shoes - if the company says 'we searched and this is all we got' and you say 'no i know there's more than that' then their next step will be asking you how and why the company is not to be believed. And you'll need some actual evidence for that.