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,
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
More from the First Tuesday Q&A
-
Please provide guidance for employers in relation to staffing issues during periods of adverse weather
Posted in: First Tuesday Q&A NI on 06 November 2018
-
When it comes to determining the appropriate sanction for an incident of misconduct, can an employer take into account a previous first written warning?
Posted in: First Tuesday Q&A NI on 06 November 2018
-
Can an employer treat maternity-related absences in the same way as standard sickness absences?
Posted in: First Tuesday Q&A NI on 06 November 2018
-
If an employee on maternity leave is made redundant, does her former employer have a continuing obligation to pay her statutory maternity pay?
Posted in: First Tuesday Q&A NI on 06 November 2018
-
Can an employer prevent annual leave accruing during sickness absence?
Posted in: First Tuesday Q&A NI on 02 October 2018
Disclaimer:
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
View all articles by Chris Fullerton