GDPR - Right of access to information

The Information Commissioners Office (ICO) has published new guidance on subject access requests ("SARs"). Although the new guidance does not change the underlying law, it does provide some useful direction designed to simplify and clarify how to respond to SARs. Key points include:

Stopping the clock: The new guidance provides that the clock can be stopped whilst organisations are waiting for the requester to clarify their request. The deadline for responding extends for the same amount of time as the requester takes to provide the clarification.

Manifestly excessive: There is a broader definition of what constitutes a "manifestly excessive" request for information

Charging fees: The guidance has been updated in relation to what organisations can take into account when charging an admin fee for a manifestly unfounded or excessive request.

UKHCA Members are advised to make sure they are using the most up to date guidance when responding to requests for information.