Don’t get caught out by subject access requests

The ICO are concerned that insufficient systems may be in place for staff to deal properly with subject access requests (SARs) under the Data Protection Act 1998 and have published some top tips to help organisations.

The ICO are concerned that insufficient systems may be in place for staff to deal properly with subject access requests (SARs) under the Data Protection Act 1998 and have published some top tips to help organisations. 46% of all complaints made to the ICO last year were about SARs and the difficulties people face getting hold of their personal information. The figures show the importance of making sure staff are fully equipped to deal with requests. ICO have set out top tips from its recent SAR webinar to help organisations. These are well worth reading, particularly bearing in mind that in a recent ET case, McWilliams v Citibank NA, part of the ET’s reasoning for finding that a dismissal was unfair was that the employer refused to respond to the Claimant’s SAR which substantially restricted her ability to respond meaningfully to allegations of misconduct.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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