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Re:Instagram kept deleted photos and messages on its servers... by slg on Friday August 14, 2020 @01:10PM (#24160470)
The article specifically states this data was downloaded using the "Download Your Information tool on Instagram". The undeleted data wasn't from a cold backup or any backup, it was still on production systems.
Re:Instagram kept deleted photos and messages on its servers... by parliament32 on Friday August 14, 2020 @01:47PM (#24160916)
If this is a GDPR "right to access" request, which most "download your information" tools are, then backups are included. See https://law.stackexchange.com/questions/27625/gdpr-complianc...
Re:Instagram kept deleted photos and messages on its servers... by slg on Friday August 14, 2020 @02:27PM (#24161470)
Doesn't that link show that the how backups related to GDPR is still up for debate? The accepted answer that says they are included has 3 upvotes and there is an answer that says no they aren't included that has 2 upvotes. Either way, the legal requirement is a separate issue from what Instagram is actually doing. If that download tool is automated, I am rather confident in saying that it isn't combing through year old backups to get data.
Re:Instagram kept deleted photos and messages on its servers... by parliament32 on Friday August 14, 2020 @03:33PM (#24162288)
Ever wonder why "download my data" usually takes a few hours/days on most services before you receive the download link in your email? I promise you compiling the production data doesn't take that long.

Backups are covered under GDPR, although when a user requests erasure you can say "your data will be rotated out in X months/years". Not sure how this applies to access, but I assume it's similar: https://ico.org.uk/for-organisations/guide-to-data-protectio...