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Subject Access Requests - No fee if court action?

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  • Subject Access Requests - No fee if court action?

    Hello,

    Can anyone confirm that you don't need to send the £10 fee if making a Subject Access Request when court action is in progress?

    I've searched the forums and looked at DPA1998 but can't find anything conclusive on this point.

    Thanks
    Tags: None

  • #2
    Re: Subject Access Requests - No fee if court action?

    To my best knowledge, it is not necessary to send the tenner with your request.
    The 'information keeper' can charge up to £10.
    If you do not know exactly how much they charge, but your request is identifiable as a request for personal info, the Data Controller should respond within 40 days to inform you of the correct charge.
    You can also use other non-ICO methods, such as disclosure/discovery.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
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    • #3
      Re: Subject Access Requests - No fee if court action?

      Also see:-

      http://www.legalbeagles.info/forums/...ad.php?t=27537
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Subject Access Requests - No fee if court action?

        Originally posted by coolster View Post
        Hello,

        Can anyone confirm that you don't need to send the £10 fee if making a Subject Access Request when court action is in progress?

        I've searched the forums and looked at DPA1998 but can't find anything conclusive on this point.

        Thanks
        i dont think there is any connection between court proceedings and a SAR! plus- as the recipient of the request has 40 days in which to comply- it might be of little use during proceedings

        Comment


        • #5
          Re: Subject Access Requests - No fee if court action?

          There is no need for a SAR if court proceedings have started as you can obtain the same info via a CPR PART 18 and/or Part 31 request.

          http://www.justice.gov.uk/civil/proc...rts/part18.htm

          http://www.justice.gov.uk/civil/proc...rts/part31.htm
          If you think nobody cares if you're alive, try missing a couple of payments.

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