DSARs are not a new concept, but the GDPR introduced several changes that make requesting information easier for individuals and responding to the requests more challenging for organisations.
Let’s take a look at everything you need to know about DSARs, including how to respond to them in line with the GDPR’s requirements.
What are data subject access requests?
DSARs are the result of the GDPR’s right of access – one of eight data subject rights enshrined in the Regulation.
When an individual submits a SAR request, organisations must provide them with a copy of any relevant information pertaining to them.
What is included in a DSAR?
A request might refer to specific personal details or processes for which the organisation processes that information, in which case you only need to provide relevant information.
However, individuals may ask to see a full list of the personal data that the organisation stores on them.
This will certainly be burdensome, particularly as it’s not simply a case of pulling up everything you store on that person. If you did that, you’d end up with large volumes of information that aren’t considered personal data – such as internal memos about the data subject’s files – which don’t need to be shared.
Your first tasks, therefore, are to determine what information related to the individual is considered personal data under the definition of the GDPR, and whether it’s part of the data that they requested.
This information must be provided alongside other supplementary material, such as the relevant details provided in the organisation’s privacy notice.
Can information be redacted?
Organisations can and, where relevant, should redact anything that’s not within the scope of the DSAR. For example, you might have documents that include that individual’s personal data alongside personal details of other people.
In these circumstances, you are required to redact all personal data that isn’t about the person making the request, because otherwise you’d be committing a data breach.
Likewise, you might have records where the individual’s personal data is stored alongside sensitive company data. You are within your rights to redact that information.
Infographic: data subject access request flowchart
Are you following the correct steps when responding to a data subject access request? Take a look at our infographic for a handy guide on the DSAR response process:
Do individuals have to give a reason for a DSAR?
Individuals don’t need to state why they are submitting a DSAR. The only questions an organisation may ask when a DSAR is submitted concern verifying the individual’s identity or to help them locate the requested information.
Does a request have to be in writing?
There is no formal process for submitting a DSAR. That means requests don’t need to be submitted in writing – or in any documented way. For example, an individual can make the request while speaking with a member of staff.
It’s also worth noting that individuals aren’t required to use the technical term for a request (‘DSAR’ or ‘data subject access request’). They can, for instance, simply say that they’d like to see a copy of the information the organisation stores on them.
That said, requests are most likely to be submitted in writing, as it’s the most convenient method. It gives individuals and organisations a record of the request, the date that it was made and other relevant information, such as the specific personal information that they want a copy of and the format that it should be delivered via.
Can individuals submit a DSAR on behalf of someone else?
Yes, individuals can authorise someone else to make a request on their behalf. This is most likely to happen when:
- Someone with parental responsibility asks for information about a child;
- A court-appointed individual is managing someone else’s affairs;
- A solicitor is acting on their client’s instructions; and
- The data subject requests help from a relative or friend.
Organisations must, of course, be satisfied that the person making the request really is doing so on behalf of the data subject. As such, they are entitled to request supporting evidence, such as written authorisation from the data subject or a more general power of attorney.
How long do organisations have to respond to a DSAR?
DSARs must be fulfilled “without undue delay”, and at the latest within one month of receipt.
Where requests are complex or numerous, organisations are permitted to extend the deadline to three months. However, they must still respond to the request within a month and explain why the extension is necessary.
Who is responsible for responding to a subject access request?
An organisation’s DPO (data protection officer) will generally be responsible for fulfilling a DSAR, provided the organisation has appointed one.
If you don’t have a DPO, the duty should fall to someone in your workforce with data protection knowledge.
In either case, the expert probably won’t do the physical work involved in completing the request, such as combing through documents and redacting information, but they will oversee the process and ensure that is being completed in line with the GDPR’s requirements.
Can organisations charge a fee a DSAR?
Before the GDPR took effect, organisations could charge a fee for fulfilling a DSAR, but that’s no longer the case in most instances.
Organisations may now only request payment are when a request is manifestly unfounded (i.e. when the individual clearly has no intent to exercise their right of access, such as when the request is an excuse to make unsubstantiated accusations against the organisation) or excessive (i.e. when the request overlaps with a recently submitted DSAR).
Organisations should base the fee they charge on the administrative costs involved. That’s to say, they shouldn’t be profiting from requests.
It’s worth adding that organisations are within their rights to reject manifestly unfounded or excessive requests outright instead of charging a fee for them. This might be the case when they simply don’t have the time or resources to fulfil the request.
What’s the difference between a freedom of information request and a DSAR?
DSARs might sound a lot like FOI (freedom of information) requests, but in practice, they are a lot different.
Whereas DSARs grant EU residents access to copies of their personal data, FOI requests are specific to the UK and relate to recorded information held in the public sector. This generally refers to government departments, local councils and regulators, such as the Financial Conduct Authority.
Additionally, personal data is not covered by the FOI Act, so there are no restrictions on who can make a request.
The process for handling a DSAR
Like many aspects of the GDPR, access requests have a formal name that organisations must be aware of for compliance purposes, but that doesn’t mean individuals need to know the terminology.
There’s no specific process for making a request, so someone could simply say “I’d like to see what data you have on me” and that would be considered a legitimate request.
As such, it’s important that anyone in your organisation who may receive such a request knows what to look out for and who to pass the message on to.
In many organisations, the DPO (data protection officer) will responsible for handling DSARs. However, if you aren’t required to appoint one, you’ll need to find an alternative approach.
Since time is of the essence when responding to a DSAR, it’s a good idea to ensure you have an established DSAR process beforehand, so that you can deal with such requests quickly.
- Verify the identity
One of the first steps is to verify the identity of the requester so that you can determine whether you have all the information you need to fulfil the request.
- Clarify what the request is
Following that, find out a bit more about the request itself. Is it simply a request for access, or are they invoking other rights, such as rectification of the personal data being held?
- Is the request valid?
Establish whether the request is valid and if it can be completed within the one month period. If not, you can take further steps to request an extension (read more in our downloadable guide).
- Inspect the data
Once you start collecting the data, check whether the data needs to be amended and if you need to protect the personal information of any other data subjects.
- Choose the format
Once you’ve collected all the data, determine the most appropriate format in which to provide the information.
- Add extra information
Lastly, before sending the information, ensure the data subjects know their rights, including the right to lodge a complaint.
How to ensure data subject access request success
There are many steps you can take to help your organisation manage DSARs. Your first task is to create a flowchart to make sure you respond promptly, thoroughly and in line with the GDPR’s requirements.
There are also ways you can make your organisation more resilient to the challenges that come with responding to DSARs. For example, you should implement measures addressing:
- Staff training
Data subjects can theoretically submit a DSAR whenever they’re communicating with a member of your staff. You must therefore make sure that all relevant employees can recognise a request and know how to respond.
- DSAR responsibilities
You should appoint someone or a team of people to take responsibility for responding to DSARs. This might be your DPO or it could be another employee who is familiar with the GDPR’s compliance requirements.
If only one person takes on this task, you must make sure other employees know how to complete a request, so they can fill in during holidays or other absences.
- Expert advice
Unless you were able to appoint an experienced DPO to oversee access requests, there’s a good chance that the person overseeing your response process is relatively new to the task.
In most cases that won’t be a problem, because once you into the swing of things, it’s a relatively routine operation. However, there will be some challenging requests that require guidance, such as through one-off consultancy services.
Free download: DSAR guide
You can find out more about organisations’ DSAR obligations and individuals’ rights by downloading our free green paper.
Our Concise Guide to Data Subject Access Requests contains essential advice to ensure that an adequate system in place to manage requests effectively and in line with the GDPR’s requirements.
A version of this blog was originally published on 14 August 2019.