ARTICLE · 14 AUGUST 2013

ICO To Check Out Websites For Adequate Subject Access Request Wording

Reed Smith (Worldwide)

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Following a public consultation in December 2012 on a draft version, the Information Commissioner's Office published its final Subject Access Code of Practice on 8 August 2013.

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Following a public consultation in December 2012 on a draft version, the Information Commissioner's Office (ICO) published its final Subject Access Code of Practice on 8 August 2013.

Like all other data protection laws in the EU, the Data Protection Act 1998 (DPA) includes the principle that anyone has the right to find out what information an organisation holds about them by making a 'subject access request' (SAR). But when faced with such a request, organisations often feel confused, daunted or even frustrated as to how to properly handle and respond to a SAR. How do we carry out a full search for all their personal data? How do we ensure that the privacy of others isn't infringed when responding? There are on-going legal proceedings – don't the discovery rules provide a more appropriate method of providing information?

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