Table of Contents
In Short
- Individuals have rights under the UK GDPR to access, correct, erase, or control how their personal data is used.
- Your business must respond to requests within one month, with extensions allowed only for complex cases.
- Efficiently managing requests involves clear procedures, tracking systems, and well-trained staff.
Tips for Businesses
Establish a clear process for managing data subject requests. Train your team to recognise and act on requests promptly. Use tracking systems to monitor progress and create templates for common responses. These steps will help your business meet UK GDPR timeframes and avoid penalties. Seek legal advice if requests are complex or unclear.
Does your business act as a data controller? If so, you should know individuals you process personal data about can contact your business to exercise various rights over their data. Under the UK GDPR and the Data Protection Act 2018 (DPA 2018), individuals have different legal rights, allowing them to access, correct, erase, or control how you may use their data. When a data subject request comes to you, you must observe strict response timeframes. In practice, this can be a challenging exercise to keep on top of, especially if you are a larger business facing multiple requests from different individuals. This article explores data subject rights, why meeting time limits is critical, and the practical steps your business can take to manage these requests efficiently.
What Are Data Subject Rights Under the UK GDPR?
The UK GDPR gives individuals a range of rights over their personal data, allowing them to maintain control of how organisations use their information.
Key rights include:
- the right of access: which allows individuals to request a copy of the personal data your business holds about them. This is often more commonly referred to as a Subject Access Request (SAR) and is a widely known data subject right;
- the right to rectification: which enables individuals to correct inaccurate or incomplete personal data;
- the right to erasure: also called the ‘right to be forgotten’, which allows individuals to request the deletion of their data;
- the right to restrict processing: which gives individuals the ability to limit how they use their data in certain circumstances;
- the right to data portability: which enables individuals to receive their data in a usable format or transfer it to another organisation;
- the right to object: which allows individuals to challenge how you process their data, particularly for marketing purposes; and
- the right to avoid automated decision-making in specific scenarios.
These rights apply to all individuals whose personal data you process, including staff, contractors, customers, and website visitors. However, these rights are not absolute and will not apply in all circumstances, so treating these requests carefully and responding correctly is crucial.
Why is It Important to Respond Within UK GDPR Timeframes?
The UK GDPR requires businesses to respond to these requests within one month. You can extend this deadline if a request is particularly complex or involves significant amounts of data. Generally, organisations must respond to the request within one month of receiving it.
Organisations can extend the deadline to three months for complex or multiple requests. They must explain the reason for the delay within the first month. However, the criteria for these extensions of time can be complicated, and you should seek legal advice on them if you need clarification or consult the UK ICO guidance.
The UK GDPR also allows you to refuse requests in specific scenarios, when an exemption applies, or when the request is manifestly unfounded or excessive. If you need help applying for exemptions, you should again seek legal advice to make sure any refusals are lawful.
To reduce these risks, you should comply with your legal obligations and keep clear records of your business’s requests and actions. Detailed records may help you demonstrate your steps towards compliance if the ICO investigates your business.
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How Can You Manage Subject Requests Efficiently and on Time?
Effectively managing data subject requests requires strong planning, transparent processes, and well-trained staff. If your processes are scrutinised during an ICO investigation, your proactive measures could help demonstrate compliance and mitigate the risk.
Here are some key steps your business can take:
Do You Understand Your Legal Obligations?
You must understand which data subject rights apply under the UK GDPR and the timeframes for responding to requests. The UK GDPR allows specific exemptions for manifestly unfounded or excessive requests.
If you need help handling a request, you should seek advice from a data protection lawyer who can guide you on how best to apply the exemptions to the particular request you have received.
Have You Established Clear Internal Procedures?
You should create a robust process for handling subject requests across your business. As part of this, you should ensure your teams know how to identify a request and take immediate action to meet the required timeframes. Documenting this process can help you ensure consistency and reduce the risk of missing deadlines.
Do You Have a Way to Track Requests?
Log and monitor all requests to stay organised and meet your specific deadlines. Always track the progress of each request and keep accurate records of your business’s actions. Detailed records will help demonstrate compliance and accountability, which is vital under the UK GDPR rules.
This factsheet sets out how your business can become GDPR compliant.
Can You Create Templates to Save Time?
Handling multiple requests can feel overwhelming, and responding can be time-consuming.
Prepare initial template response letters in advance to help your business adopt a consistent approach and reduce errors. Complete and correctly tailor the templates to each request to ensure compliance and avoid generic responses.
Have You Trained Your Teams?
As such, your business can take many practical steps to prepare to respond to data requests within the required timeframes and avoid non-compliance risks.
Key Takeaways
Responding to data subject requests is a key legal obligation under the UK GDPR. If your business fails to respond within the required timeframes, then you are at risk of legal and commercial consequences. Your business can take various steps to prepare and help you comply, e.g. understanding its obligations, implementing clear procedures, and training staff to handle requests efficiently. These proactive steps will help your business comply with the UK GDPR, protect its reputation, and demonstrate respect for individuals’ rights. If you need guidance on handling UK GDPR requests or applying for exemptions, you should seek advice from a data protection lawyer to ensure compliance.
If you need support understanding the UK GDPR, our experienced data, privacy, and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Data subject rights allow individuals to access, correct, erase, or control how their personal data is used. The most commonly known right is a SAR, but the UK GDPR also affords individuals a range of other rights.
Your business can comply by creating clear procedures for handling subject requests, training staff, tracking requests, and carefully reviewing and tailoring responses to meet the legal requirements.
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