New timescales for responding to a subject access request
16th August, 2019
Following a ruling by the Court of Justice of the European Union, the ICO has updated its guidance on timescales for responding to a data subject access request.
The timescale to respond to a data subject access request has now changed to reflect the day of receipt as ‘day one,’ as opposed to the day after receipt.
For example, if you receive a data subject access request on 16 August, the time limit will start from the same day, so you have until 16 September to comply with the request.
If it is not possible to comply with the timescale, either because the following month is shorter (and there is no corresponding calendar date), then the date for response is the last day of the following month. If the corresponding date falls on a weekend or public holiday, then you have until the next working day to respond.
For example, if you receive a request on 31 May, then the time limit starts on the same day, but as there is no equivalent date in June, you have until 30 June to comply with the request. If 30 June is a weekend or a public holiday, then you have until the next working day to comply.
The change to the timescale means that the exact number of days to comply with a request will vary depending on the month in which the request was made. You should take care to answer the request by the correct date.
We will be running a series of workshops in the Autumn on how to handle your data and subject access requests, keep an eye out for further information coming soon.
If you have any queries or concerns about the new timescales, or about data protection more generally (including concerns on the Data Protection Act 2018 or the GDPR), please do not hesitate to get in touch for an initial chat about any issues, and to find out how we can help.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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