Who is a data subject?
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.
What is a Data Subject Access Request?
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
When can a DSAR be submitted?
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.
How should I respond to a DSAR?
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.
When do I need to respond to a DSAR?
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.
Can I charge a fee for responding to a DSAR?
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).
Can I challenge a DSAR that I have received?
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 can be challenged in certain circumstances, or have its scope clarified.
My response to a DSAR will contain confidential information – what can I do?
Certain confidential information that would otherwise be revealed in the response to a DSAR can be redacted. There is also no obligation to provide full copies of documents which contain relevant personal data, the personal data can be extracted and presented as part of a new document. The data controller must take care when doing this, to avoid failing to disclose all of the personal data.
I believe that information that should have been in the response to my DSAR was not included – what can I do?
The data subject can make a complaint to the Information Commissioner who may impose penalties, and can also apply for a court order requiring the controller to comply with the request fully, or to seek compensation.
Speak to our Data Protection team today for legal advice and assistance.
