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    • re14796
    • By re14796 13th Oct 18, 1:00 PM
    • 92Posts
    • 19Thanks
    re14796
    Am I worried about nothing?
    • #1
    • 13th Oct 18, 1:00 PM
    Am I worried about nothing? 13th Oct 18 at 1:00 PM
    Basically I failed to send a request for information for a customer and then got an email today reminded that the request for information is overdue and has to be in by the middle of next week. I sent it today to all departments, I apologised and asked them to send the information ASAP. If I fail to meet the deadline will my company get fined?
Page 1
    • sangie595
    • By sangie595 13th Oct 18, 1:45 PM
    • 5,509 Posts
    • 9,471 Thanks
    sangie595
    • #2
    • 13th Oct 18, 1:45 PM
    • #2
    • 13th Oct 18, 1:45 PM
    Fined for what, exactly? Are you talking about a statutory requirement such as FOI or GDPR? There isn't much to go on here!
    • re14796
    • By re14796 13th Oct 18, 5:12 PM
    • 92 Posts
    • 19 Thanks
    re14796
    • #3
    • 13th Oct 18, 5:12 PM
    • #3
    • 13th Oct 18, 5:12 PM
    So it is to do with the gdpr. A customer has requested all the information we hold.
    • sangie595
    • By sangie595 13th Oct 18, 8:28 PM
    • 5,509 Posts
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    sangie595
    • #4
    • 13th Oct 18, 8:28 PM
    • #4
    • 13th Oct 18, 8:28 PM
    If you fail to meet the legal deadline then yes, you may be reported to the ICO and they may fine your employer for doing so. Nobody can tell you whether that will happen or not.
    • jobbingmusician
    • By jobbingmusician 13th Oct 18, 9:08 PM
    • 19,287 Posts
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    jobbingmusician
    • #5
    • 13th Oct 18, 9:08 PM
    • #5
    • 13th Oct 18, 9:08 PM
    But you haven't missed the deadline yet. Sounds like it may be worth you doing a bit of personal charm with the departments who have to provide you with the data, to ensure it is ready in time...........
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

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    • re14796
    • By re14796 13th Oct 18, 9:54 PM
    • 92 Posts
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    re14796
    • #6
    • 13th Oct 18, 9:54 PM
    • #6
    • 13th Oct 18, 9:54 PM
    I will definitely get some of the information before the deadline maybe not all of it
    • WibblyGirly
    • By WibblyGirly 14th Oct 18, 9:50 AM
    • 427 Posts
    • 777 Thanks
    WibblyGirly
    • #7
    • 14th Oct 18, 9:50 AM
    • #7
    • 14th Oct 18, 9:50 AM
    If it is a request for information that your company holds then it is an FOI, GDPR is different.

    Where I work, if a request goes late then it's late, nothing happens. If the requester complains to the ICO then the ICO redirect them back to us to request an internal review. The ICO are swamped right now so nothing will happen simply because it went out late.
    • Me2you
    • By Me2you 14th Oct 18, 9:53 AM
    • 54 Posts
    • 9 Thanks
    Me2you
    • #8
    • 14th Oct 18, 9:53 AM
    • #8
    • 14th Oct 18, 9:53 AM
    What is GDPR?
    • agrinnall
    • By agrinnall 14th Oct 18, 9:58 AM
    • 21,230 Posts
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    agrinnall
    • #9
    • 14th Oct 18, 9:58 AM
    • #9
    • 14th Oct 18, 9:58 AM
    If it is a request for information that your company holds then it is an FOI, GDPR is different.
    Originally posted by WibblyGirly

    It doesn't seem likely to be FOI, as companies are not generally bound by FOI rules (which usually apply to public bodies). The Right of Access provisions of GDPR serve much the same function for companies.


    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/
    • Ja7188
    • By Ja7188 14th Oct 18, 11:31 AM
    • 211 Posts
    • 195 Thanks
    Ja7188
    I will definitely get some of the information before the deadline maybe not all of it
    Why might you not to be able to get all of it?
    • Nicki
    • By Nicki 14th Oct 18, 12:05 PM
    • 7,773 Posts
    • 27,747 Thanks
    Nicki
    If it is a request for information that your company holds then it is an FOI, GDPR is different.

    Where I work, if a request goes late then it's late, nothing happens. If the requester complains to the ICO then the ICO redirect them back to us to request an internal review. The ICO are swamped right now so nothing will happen simply because it went out late.
    Originally posted by WibblyGirly
    Nope. FOI is for public bodies. This is a Data Subject Access Request and it is a new provision under GDPR.

    OP yes this is serious and yes your organisation is at risk of a fine if the only reason for the delay in providing the information is that you failed to action the request when you should have done. You do need to ask all departments to pull out all the stops to get this to you in time. Will some of the data need to be redacted? If so, you will need to build tons in for this
    • ohreally
    • By ohreally 14th Oct 18, 12:07 PM
    • 6,793 Posts
    • 5,328 Thanks
    ohreally
    What is GDPR?
    Originally posted by Me2you

    Clicky
    Last edited by ohreally; 14-10-2018 at 12:10 PM.
    Donít be a canít, be a can.
    • re14796
    • By re14796 14th Oct 18, 4:50 PM
    • 92 Posts
    • 19 Thanks
    re14796
    Because even if I get the request out on time I never get the information back on time from certain departments
    • re14796
    • By re14796 14th Oct 18, 4:58 PM
    • 92 Posts
    • 19 Thanks
    re14796
    I emailed the person who is responsible for the freedom of information request and he came back get the information Urgently so I emailed back how urgent and they have no replied but this was about 5.30 on Friday
    • elsien
    • By elsien 14th Oct 18, 5:04 PM
    • 17,411 Posts
    • 43,915 Thanks
    elsien
    I emailed the person who is responsible for the freedom of information request and he came back get the information Urgently so I emailed back how urgent and they have no replied but this was about 5.30 on Friday
    Originally posted by re14796
    That's not really surprising though, that time on a Friday, is it?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • KiKi
    • By KiKi 14th Oct 18, 8:44 PM
    • 4,986 Posts
    • 8,081 Thanks
    KiKi
    Because even if I get the request out on time I never get the information back on time from certain departments
    Originally posted by re14796
    ...but this isn't optional. This is a legal requirement. If the departments aren't likely to get back to you then you raise this to someone more senior and your legal department ASAP. You don't sit back and say "well, this department didn't send me the information."
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
    • Comms69
    • By Comms69 15th Oct 18, 9:30 AM
    • 5,011 Posts
    • 5,040 Thanks
    Comms69
    If it is a request for information that your company holds then it is an FOI - possibly, but no way of knowing for sure. it could be a request for personal data. , GDPR is different.

    Where I work, if a request goes late then it's late, nothing happens. If the requester complains to the ICO then the ICO redirect them back to us to request an internal review. The ICO are swamped right now so nothing will happen simply because it went out late.
    Originally posted by WibblyGirly


    Where you work should take their legal responsibility more seriously.


    I doubt you would be so laid back if they weren't complying with the law in relation to your employment....
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