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Subject Access Request (SAR)

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  • Subject Access Request (SAR)

    Hi. On 10th March 2020 I made a Subject Access Request (legal access to my personal data) to a company that I have left recently. I had acknowledge at the time and the company confirmed that they had 30 days to send me my personal data. Therefore the deadline for them is 9th April 2020 (20 days have passed already).
    Today (31st March 2020) I receive this email from them:
    "Further to your Subject Access Request dated 10th March 2020 we must advise you that there will be an indefinite delay. In light of the UK Governments instruction to close all non-essential business (name of business) will not be able to execute your SAR until the curfew is lifted and we return to business as normal".
    What I want to know is would this be considered a reasonable reason not to stick within the 30 days legal requirement? Firstly, they are a Fostering and Adoption agency so I'm assuming they are classed as key workers? Secondly given that all information is now stored digitally is this something that could be done via a home environment? Thirdly, (without prejudice) before leaving this company I made a complaint against them. Since then they have proved to be difficult in a few other areas (yesterday they refused to give me a reference). Where do I stand with this please, I know these are unprecedented times . Am I being unreasonable or do they still have to comply with the 30 days legal requirement? If so, how do you suggest I proceed? Many thanks.
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  • #2
    Hi
    While the timescale is 30 days, a firm is able to say that it will take longer as long as they provide a genuine reason for this. The current climate is definitely and unfortunately for you, a genuine reason. The Information Commissioner has stated that while the deadlines and timescales are still applicable, they understand delays and would be unlikely to take any action unless it was seen to be unreasonable.

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