Johanna Cunningham is a Senior Associate in the Employment team in Belfast, advising on the full range of contentious and non-contentious employment matters.
Since qualifying in 2018, she has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries.
She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring and matters involving cross-border workers.
Her experience includes in-house secondments with a global technology company, an international bank and Northern Ireland’s leading transport provider.
Must employers still comply with the 30 day response timeframe for subject access requests during the COVID-19 pandemic?
The ICO has confirmed that it cannot relax the 30-day response period for subject access requests because it is a statutory timeframe (set out under sections 45 and 54 of the Data Protection Act 2018). However, the ICO has stated that it appreciates organisations’ attentions may be diverted elsewhere and therefore organisations will not be penalised for prioritising other areas of their business or adapting their usual approach.
Nevertheless, communication is key and if employers do not think they will be able to meet a subject access request deadline, it would be prudent for them to inform the requestor and explain the reason for the delay.
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