FUJ00176289
FUJ00176289
Colin Lenton-Smith
ICL Pathway Ltd.,
Forest Road,
Feltham,
Middlesex
TW13 7EJ 29 August, 2001
Dear Colin,
With thanks for your letter dated 7 August 2001 in response to my letter
dated 1st August 2001.
At Contract Administration Board I agreed to document my ongoing
concerns within this area.
POCL are pleased to hear that ICL Pathway is introducing a ‘read after write’
process. This however only deals with a fraction of the problem. What is also
a concern to POCL is where the tape and/or data becomes corrupt after the
‘write’ process, which is a more common fault with the media type currently
used by ICL Pathway. Normal working practice we believe is to keep
‘parent’, and ‘grandparent’ copies of tapes.
Additionally we believe ICL Pathway should have in place a process which
alerts POCL of any failure of their obligation to maintain a full audit trail,
irrespective of whether PCOL has requested data in a particular period or not.
You also mentioned at Contract Administration Board that ICL Pathway were
not going to provide any further Audit Requests until after the end of
September. This is a serious cause for concern, as POCL has an obligation to
comply with statutory requirements, in relation to criminal investigation and
prosecution, together with an obligation to assist our clients in their
investigation/ prosecution, many of such clients being Government
departments. Any refusal by ICL Pathway to support POCL in such data
requests, once a prosecution has commenced would be contrary to the
warranty in Clause 702.3 of the Codified Agreement and POCL would have
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no other option but to seek authority from the Courts to require the
production of the requested information. POCL has been requesting for
some time now alternative methods to extract the required data. My letter to
you on the subject of 27 July 2001 refers to this issue, but I have not received
any reply.
Yours sincerely,
Keith Baines
Head of Horizon Commercial
Telephone :
Facsimile ; GRO
E-mail
FUJ00176289
FUJ00176289