What is a Subject Access Request?/Right of Access?
What is the right of access?
The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information. It helps individuals to understand how and why you are using their data, and check you are doing it lawfully.
What is an individual entitled to?
Individuals have the right to obtain the following from you:
- confirmation that you are processing their personal data;
- a copy of their personal data; and
- other supplementary information – this largely corresponds to the information that you should provide in a privacy notice (see ‘Supplementary information’ below).
Personal data of the individual
An individual is only entitled to their own personal data, and not to information relating to other people (unless the information is also about them or they are acting on behalf of someone). Therefore, it is important that you establish whether the information requested falls within the definition of personal data.
In addition to a copy of their personal data, you also have to provide individuals with the following information:
- the purposes of your processing;
- the categories of personal data concerned;
- the recipients or categories of recipient you disclose the personal data to;
- your retention period for storing the personal data or, where this is not possible, your criteria for determining how long you will store it;
- the existence of their right to request rectification, erasure or restriction or to object to such processing;
- the right to lodge a complaint with the ICO or another supervisory authority;
- information about the source of the data, where it was not obtained directly from the individual;
- the existence of automated decision-making (including profiling); and
- the safeguards you provide if you transfer personal data to a third country or international organisation.
The ICO guide to the Right of Access can be found here