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Privacy and Data Protection

Subject access requests

 

Individuals have a right to ask an organisation whether or not they are using or storing personal information through a subject access request (SAR).

Responding and actioning a request requires following the correct steps to comply. Our lawyers can help you navigate the process.

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FAQs – Subject access requests

Any individual who may be identified from any form of document, whether directly or indirectly, is a data subject. This is a key concept used to determine what data falls under the category of ‘personal data’. Data subjects have certain rights under the UK GDPR.

A data subject access request (DSAR) is a request made by an individual to:

  • Obtain confirmation from an organisation that it is processing their personal data
  • Access their personal data held by an organisation
  • Receive other information concerning this data and its processing purposes

Any data subject (the identified or identifiable living individual to whom personal data relates) has the right to make a DSAR. We see these being made frequently in the employment context, whereby an employee submits a DSAR to their past or present employer.

As a first step the identity of the individual submitting the DSAR must be verified. The validity of the request should be checked and relevant personal data must then be collected and provided to the data subject, possibly in an amended format.

An organisation must respond to a DSAR “without undue delay” and within one month of the request being received. This deadline may be extended up to three months in total if the request is a complex one, or if an individual has submitted several DSARs to the same organisation.

Responses to DSARs must be provided free of charge, unless the requests are “manifestly unfounded or excessive”, in which case the organisation may charge a reasonable fee or refuse to act on the request (but this decision may be subject to a review by the Information Commissioner’s Office).

Responding to a DSAR can be time-consuming and expensive, which is why a DSAR is sometimes made as a tactical strategy in a dispute between an individual and an organisation.

A DSAR is a fundamental right under the UK GDPR. The UK GDPR regulates the way organisations handle personal data and it is important for organisations to comply with the UK GDPR’s requirements when responding to DSARs.

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