ICO Publishes Guidance To Help Clarify The Legislation Surrounding Subject Access Requests

In a previous blog, in which we detailed the ins and outs of Subject Access Requests (SAR), the Information Commissioner’s Office (ICO) have since published guidance to help clarify a couple of points in relation to SAR.

ICO guidance surrounding Subject Access Requests

The guidance initially went out for consultation in December 2019, and they received 350 responses. Some of these responses asked for clarification and examples on some aspects of the right of access that are not so clear cut.

Three main points were raised in the consultation:

1. Time limits – there are very specific time limits when it comes to responding to a SAR. People commented that there often was not enough time to respond to a SAR where they had sought clarification on the request. As a result, the ICO clarified that in certain circumstances the time for response can be paused whilst an organisation is waiting for the person to clarify their request.
2. When is a request clearly excessive – to tackle the confusion over when a request can be regarded as excessive the ICO have published some additional guidance to provide a more detailed definition as to what is classed as an excessive request.
3. Can you charge a fee for excessive or repeat requests? – the ICO have taken the comments on board and have updated what organisations can take into account when charging an administration fee. The guidance now states that an organisation can charge a reasonable fee for the administrative costs of complying with a request if it is unfounded or excessive or if an individual requests further copies of their data.