Data Subject Access Requests (DSAR) – amendment to the response time
Following a recent ruling of the European Union Court of Justice, The ICO (Information Commissioner’s Office) have announced a change in the timescale’s employers have to respond to a DSAR (data subject access request).
What is DSAR?
Section 7 of the Data protect Act 1998 permits employees to request certain information from their employers.
- Individuals have the right to access their personal data.
- This is commonly referred to as subject access.
- Individuals can make a subject access request verbally or in writing.
- You have one month to respond to a request.
- You cannot charge a fee to deal with a request in most circumstances.
What has changed?
There are three updates: Companies may no longer charge a fee (expect in some circumstances), have less time to respond and have to accept requests made in any format.
If the request is clearly unfounded or excessive. You can cover admin costs by charging a “reasonable fee” to cover administrative costs. Likewise if a request for duplicate copies is made later. Otherwise a fee should not be charged.
Previously DSARs had to be completed within 40 days. However, the new change states they must now be completed “without undue delay and in any event within one month of receipt of the request”. When a request is made on a non-working day, this is still included in the calculation.
Requests can now be made electronically as well as physically, including email, phone and web.
How can Evalu-8 help?
Evalu-8 can store all employee data in one place, this includes the ability to upload and categorise documents relating to an employee. Enabling you to manage employees in a paperless fashion. Extracting information is easy using Evalu-8, either via the custom report builder tool, or via a bespoke request, made to our team.
Request a demonstration now and see how the software can do the hard work for you.