What would be deemed a manifestly unfounded or excessive SAR under the GDPR?
Posted in : First Tuesday Q&A NI on 1 May 2018
Chris Fullerton
Arthur Cox
Under the GDPR, a SAR must be complied with free of charge except in circumstances where the request is manifestly unfounded or excessive. However, there is minimal guidance in the Data Protection Bill 2017 as to what types of request would be deemed excessive or unfounded. It is likely that repeated requests for the same information or requests that are “fishing expeditions” would fall under this exception. Nevertheless, until the ICO publishes guidance on this, it cannot be said with any certainty what requests would be excessive or unfounded.
If employers refuse to respond to a SAR, reasons for refusal must be given and the individual must be notified of his/her right to complain to the
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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