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  • FIRST POST
    • MarkN88
    • By MarkN88 8th Aug 18, 9:13 AM
    • 261Posts
    • 113Thanks
    MarkN88
    Subject Access Request
    • #1
    • 8th Aug 18, 9:13 AM
    Subject Access Request 8th Aug 18 at 9:13 AM
    Iíve sent a SAR to an ex-employer and they have sent a letter asking for a charge.

    I was under the impression that they couldnít charge no more?

    Or have I read that bit wrong?
Page 1
    • zx81
    • By zx81 8th Aug 18, 9:14 AM
    • 19,615 Posts
    • 20,991 Thanks
    zx81
    • #2
    • 8th Aug 18, 9:14 AM
    • #2
    • 8th Aug 18, 9:14 AM
    They can't charge any more.
    • Comms69
    • By Comms69 8th Aug 18, 9:19 AM
    • 5,780 Posts
    • 5,978 Thanks
    Comms69
    • #3
    • 8th Aug 18, 9:19 AM
    • #3
    • 8th Aug 18, 9:19 AM
    They can't charge any more.
    Originally posted by zx81
    They can in certain circumstances.

    Typically if requests are excessive or repetitive.
    • MarkN88
    • By MarkN88 8th Aug 18, 9:25 AM
    • 261 Posts
    • 113 Thanks
    MarkN88
    • #4
    • 8th Aug 18, 9:25 AM
    • #4
    • 8th Aug 18, 9:25 AM
    It was for a copy of my personnel file if that matters.
    • agrinnall
    • By agrinnall 8th Aug 18, 9:40 AM
    • 21,687 Posts
    • 17,555 Thanks
    agrinnall
    • #5
    • 8th Aug 18, 9:40 AM
    • #5
    • 8th Aug 18, 9:40 AM
    If they continue to make a charge after you've told them they can't do it any more then you can make a complaint to the ICO. See "Can we charge a fee?" and "What should we do if we refuse to comply with a request?"



    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/
    • Owain Moneysaver
    • By Owain Moneysaver 8th Aug 18, 9:48 AM
    • 8,939 Posts
    • 10,352 Thanks
    Owain Moneysaver
    • #6
    • 8th Aug 18, 9:48 AM
    • #6
    • 8th Aug 18, 9:48 AM
    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

    https://www.kingsleynapley.co.uk/insights/blogs/data-protection-blog/subject-access-requests-under-the-gdpr-what-employers-need-to-know

    Note in particular the exemptions for 'confidential references'
    A kind word lasts a minute, a skelped erse is sair for a day.
    • MarkN88
    • By MarkN88 8th Aug 18, 10:33 AM
    • 261 Posts
    • 113 Thanks
    MarkN88
    • #7
    • 8th Aug 18, 10:33 AM
    • #7
    • 8th Aug 18, 10:33 AM
    Thanks for all the links, I!!!8217;ll send a letter back and express that they shouldn!!!8217;t be charging a fee.

    As for the confidential references, that doesn!!!8217;t concern me as they have never had to provide one for me.
    • ACG
    • By ACG 8th Aug 18, 10:33 AM
    • 17,946 Posts
    • 9,730 Thanks
    ACG
    • #8
    • 8th Aug 18, 10:33 AM
    • #8
    • 8th Aug 18, 10:33 AM
    What are they looking to charge? If it is the old £10 fee, then I would say that they are probably out of date as one hours work or part there of does not seem excessive.

    If they are paying an administrator say £10 an hour and they are asking you for £40 then they are probably deeming the job as "manifestly unfounded or excessive" as it will be a 4 hour job to get everything you want and so are forwarding on their costs to you.

    But I do not think their is any definition of "manifestly unfounded or excessive" (happy to be proven wrong) so it would end up on the ICOs desk if you both dug your heels in.
    • Undervalued
    • By Undervalued 8th Aug 18, 10:40 AM
    • 3,684 Posts
    • 3,340 Thanks
    Undervalued
    • #9
    • 8th Aug 18, 10:40 AM
    • #9
    • 8th Aug 18, 10:40 AM

    But I do not think their is any definition of "manifestly unfounded or excessive" (happy to be proven wrong) so it would end up on the ICOs desk if you both dug your heels in.
    Originally posted by ACG
    I think you are correct.

    The guidance I have read generally takes the view that it is intended to be used to discourage repeated requests for the same material and possibly very old material that has been archived. Although, under most circumstances, it would be debatable if they should have kept the data that long!

    As you say most likely the response was based on the old rules.
    • MarkN88
    • By MarkN88 8th Aug 18, 10:47 AM
    • 261 Posts
    • 113 Thanks
    MarkN88
    Yeah it quite possibly be that they are out of date with practice, as it!!!8217;s £10 they are asking for.

    I!!!8217;ll send them a response and see how they proceed.
    • MarkN88
    • By MarkN88 19th Aug 18, 8:45 PM
    • 261 Posts
    • 113 Thanks
    MarkN88
    Update:
    Thought I would let you know that after I challenged the company they decided they wouldn!!!8217;t charge for the SAR and are currently processing this for me.
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