Data Protection Act 2018

Data Protection Act 2018 – Right to Access Personal Information
Subject Access – Guidance for the Applicants.

At a glance

  • Individuals have the right to access their personal data and supplementary information, this right is known as Subject Access.
  • The right of access allows individuals to be aware of and verify the lawfulness of the processing of any data held about them.

In brief

What information is an individual entitled to under the Data Protection Act 2018 (subsequently referred to as the Act)?  Under the Act, individuals will have the right to obtain:

  • confirmation that their data is being processed;
  • access to their personal data; and
  • other supplementary information – this largely corresponds to the information that is provided in the privacy notice.

North West Fire Control (NWFC) Privacy Notice is available below.

What is the purpose of the right of access under the Act?

The Act clarifies that the reason for allowing individuals to access their personal data is so that they are aware of and can verify the lawfulness of the processing.

Is there a fee for dealing with a Subject Access Request?

Information must be provided free of charge. However, NWFC maintain the right to charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive.

NWFC may also charge a reasonable fee to comply with requests for further copies of the same information. The fee will be based on the administrative cost of providing the information.

How quickly with the information by provided?

Information must be provided without delay and at the latest within one month of receipt.

NWFC will be able to extend the period of compliance by a further two months where requests are complex or numerous. If this is the case, we must inform you within one month of the receipt of the request and explain why the extension is necessary.

What if the request is manifestly unfounded or excessive?

Where requests are manifestly unfounded or excessive, in particular because they are repetitive, NWFC can:

  • charge a reasonable fee taking into account the administrative costs of providing the information; or
  • refuse to respond.

If NWFC makes the decision to refuse to respond to a request, we must explain why, informing the applicant of their right to complain to the Information Commissioners Office (ICO) and to a judicial remedy without undue delay and at the latest within one month.

The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45

www.ico.gov.uk

What is required of the Applicant?

NWFC must verify the identity of the person making the request, using ‘reasonable means’.  As such the Applicant will be asked to provide relevant forms of identification.

How will the information by provided?

If the request is made electronically, we will endeavour to provide the information in a commonly used electronic format.

Alternately we will provide the requested information in hard copy.

Requests for large amounts of personal data.

Where NWFC processes a large quantity of information about an individual, the Act permits us to ask the individual to specify the information the request relates to.

The Data Protection Act 2018 does not include an exemption for requests that relate to large amounts of data, but NWFC may consider whether the request is manifestly unfounded or excessive.

How to apply for a copy of your personal data.

NWFC have created a form which can be used to aid you in requesting data from us, and to assist us in finding the relevant data.

This form and its relevant guidance document can be found using the links below:

Subject Access Form. Download the form

Subject Access Guidance. Download the guide