A Comprehensive Overview Of Data Subject Access Request

Data subject access request is requests made by individuals to organizations for access to their own personal data. As the name suggests, a DSAR allows an individual to request and receive information on the personal data that an organization holds about them. The process was mandated by the European Union’s General Data Protection Regulation (GDPR) and enforced by the Information Commissioner’s Office (ICO) in the UK. As such, all organizations processing the personal data of EU citizens must be able to receive, manage, and respond to these requests. However, the process is also relevant for organizations processing the personal data of customers based outside the EU, who may wish to access and control their own personal data.

What Is A Data Subject Access Request?

A data subject access request is a request made by an individual to access their own personal data held by an organization. It allows the individual to request and receive a copy of the data held by the organization so they can see, and be accountable for, how personal data is being used and processed.

The types of personal data that an individual could request can include but is not restricted to, information such as their name, contact details, IP address, geolocation data, online identifiers or other online activity.

The process of making a DSAR is not a difficult one, even for organisations that may not be familiar with the process. The request is relatively straightforward and can be done via a simple form or email. A Data Protection Officer (DPO) must then be appointed to take responsibility for the organisation’s response to the individual’s request.

Why Do Data Subject Access Requests Matter?

DSARs matter because they are a legal right that individuals have to access a copy of the personal data held about them. This means that individuals can hold organisations, and themselves, accountable for the way their personal data is being used.

Organisations must comply with the DSAR process when requests are made. This includes providing a copy of the requested data within a certain timeframe. If the organisation fails to adhere to the GDPR and does not respond appropriately, then the individual has the right to file a complaint with the ICO.

By responding to DSARs appropriately, organizations must therefore take care to ensure that they manage and process the personal data they hold correctly, not only to ensure that individuals’ data is secure but also to protect themselves from financial and reputational damages that could arise from failing to adhere to data protection regulations.

How To Make A Data Subject Access Request?

Making a DSAR is a relatively straightforward process. An individual can make a request either via a simple form or via an email to the organization. The request should include:

• The individual’s name 
• A personal identification document as proof of identity 
• A description of the personal data that the individual is requesting 
• The purpose of the request 
• Contact details, such as email or telephone number

Once the request has been received, the organization must appoint a Data Protection Officer (DPO) who will be responsible for responding to the request. This person will be responsible for handling the request in accordance with GDPR regulations.

The Data Protection Officer will then contact the individual to confirm the request and will then begin to process it. The organization should be able to respond within one month of receiving the request, however, if the request is deemed to be complex, this time can be extended to two months.

Tips For Managing Data Subject Access Requests

It is important to ensure that the DPO is appointed as soon as the request has been received. This  is also important to ensure that a plan is developed to manage and process the request and that all stakeholders within the organization are informed and on board with this plan.

It is also important to ensure that the request is handled with the utmost care and sensitivity, as the individual making the request is trusting you with their personal data. This is essential to ensure that the individual is informed of any delays and that the data controller/organization is kept informed throughout the process.

Finally, it is important to ensure that the individual’s request is handled in a timely manner. Failing to provide a timely response may lead to financial and reputational damage for the organization, not to mention a great deal of frustration from the individual.

Types Of Data Subject Access Requests

Dsars Come In A Variety Of Forms, Depending On The Individual’s Needs. This Includes:

• Access to a copy of the personal data 
• Rectification of any errors present in the data 
• Erasure of the individual’s personal data 
• Restriction of processing 
• Transfer of the data to another controller 
• Objection to the processing of the data

Organisations must be able to provide the individual with their requested data in each of these scenarios.

Dealing With Complex Data Subject Access Requests

Some DSARs may be more complex than others, particularly in cases where an individual is requesting access to their data which is held by multiple organizations. In this case, it is important for the controller to ensure that they have the capacity to manage the request in a manner that is in line with GDPR regulations. This includes verifying the identity of the individual, collecting the data requested, and responding to the individual in a timely manner.

In some cases, the controller may need to work with third parties to manage the request. This may involve requesting data from a data processor, such as a cloud service or platform provider. It is essential that the controller is aware of the contracts that have been signed between the third party and themselves, and that the third party responds appropriately and in a timely manner.

Conclusion

Data subject access requests are a key part of data protection compliance and a legal right for individuals. As such, organizations must be aware of the relevant regulations and of their responsibilities when it comes to responding to requests appropriately. It is essential to ensure that requests are managed in a timely manner, and with the utmost care and sensitivity, in order to ensure both compliance and the safety and security of individuals’ data.