“ HELP – What is Subject Access Request? And What do I need to do?”
I had been working with my client over a number of months regarding a member of staff who they had both conduct and capability issues with. Following the conclusion of a disciplinary process the member of staff put in a grievance quickly followed by a Subject Access Requests, (SAR).
What is a subject access request?
A written request by or on behalf of an individual to find out what personal information an organisation holds about them. this is information they are entitled to have governed by the Data Protection Act 1998. an example is their personnel file, supervision notes, disciplinary notes etc.
Do I have to comply?
There are certain types of information that may be exempt, however as an employer, there will be information that you are obliged to supply. Visit www.ico.gov.uk for information regarding exemptions.
What if it contains other people’s information?
You will not have to supply the information unless the other people mentioned have given their consent, or it is reasonable to supply the information without their consent. • Even when the other person’s information should not be disclosed, you should still supply as much as possible by editing the references to other people. Visit www.ico.gov.uk for more detailed guidance.
Can I charge?
You can charge a maximum of £10
How long do I have to complete it?
You have 40 days to respond, starting from the day they receive your request and any fee. When calculating the date by which you should receive the information you have requested, you should include weekends as the 40-day time limit refers to calendar days not working days.
The number of employees who are requesting all the information that you hold on them is on the increase, but what is of concern to any employer is the time it takes to complete these requests and the consequences of a failure to comply may impact the fairness of any dismissal.
Call to discuss your requirements on 0113 815 1051 or
email Karen@hartleylaird.co.uk to arrange a call back at a time that is convenient for you.