Subject Access Request: DPA
Discussion
Hi
We have had someone make a subject access request, no issue with it and we want to be fair and open.
It will take around 1-2 days of one persons time to check through, check and redact (other identifiable people who cant consent)
We have asked the person making the SAR to pay the £10 charge
They have not paid the charge (bank transfer or cheque) , we have chased several times
I understand that the 40 day limit starts upon receipt of payment (if taken) , however there is nothing on the DPA website to state what to do if they dont pay, except "contact them"
I'm not trying to wriggle out of it, but its a lot of work and they haven't paid the fee, so we are in a bit of a grey area?
Any pointers?
We have had someone make a subject access request, no issue with it and we want to be fair and open.
It will take around 1-2 days of one persons time to check through, check and redact (other identifiable people who cant consent)
We have asked the person making the SAR to pay the £10 charge
They have not paid the charge (bank transfer or cheque) , we have chased several times
I understand that the 40 day limit starts upon receipt of payment (if taken) , however there is nothing on the DPA website to state what to do if they dont pay, except "contact them"
I'm not trying to wriggle out of it, but its a lot of work and they haven't paid the fee, so we are in a bit of a grey area?
Any pointers?
https://ico.org.uk/for-organisations/guide-to-data...
Can I charge a fee for dealing with a subject access request?
Yes, an organisation receiving a subject access request may charge a fee for dealing with it, except in certain circumstances relating to health records. If you choose to charge a fee, you need not comply with the request until you have received the fee. The usual maximum fee you can charge is £10. There are different fee arrangements for organisations that hold credit, health or education records. Please refer to the Subject access code of practice (pdf) for more details, and for credit reference agencies please also see What about personal data held by credit agencies?
Although you need not comply with a request until you have received a fee, you cannot ignore a request simply because the individual has not sent a fee. If a fee is payable but has not been sent with the request, you should contact the individual promptly and inform them that they need to pay.
Some organisations choose not to charge a fee. However, once you have started dealing with an individual’s request without asking for a fee, it would be unfair to then demand a fee as a way of extending the period of time you have to respond to the request.
Can I charge a fee for dealing with a subject access request?
Yes, an organisation receiving a subject access request may charge a fee for dealing with it, except in certain circumstances relating to health records. If you choose to charge a fee, you need not comply with the request until you have received the fee. The usual maximum fee you can charge is £10. There are different fee arrangements for organisations that hold credit, health or education records. Please refer to the Subject access code of practice (pdf) for more details, and for credit reference agencies please also see What about personal data held by credit agencies?
Although you need not comply with a request until you have received a fee, you cannot ignore a request simply because the individual has not sent a fee. If a fee is payable but has not been sent with the request, you should contact the individual promptly and inform them that they need to pay.
Some organisations choose not to charge a fee. However, once you have started dealing with an individual’s request without asking for a fee, it would be unfair to then demand a fee as a way of extending the period of time you have to respond to the request.
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