Subject Access Requests in the UK - An Update

February 21, 2017

This OnPoint reports on the Court of Appeal judgment in Dawson-Damer & Ors v Taylor Wessing LLP, handed down on 16 February 2017, which addresses two key aspects of the legislation enabling individuals to lodge subject access requests. In short, there are two key messages from this decision for data controllers. First, in a dispute about whether the data controller has conducted a sufficient search, the data controller needs to show what searches it has conducted and bears the burden of showing that a further search is disproportionate. Second, the motive of the person for making a SAR is irrelevant to whether the subject access request is valid and should be complied with.

Read more >