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ARTICLE · 23 SEPTEMBER 2014

Ireland And The UK Ban Forced Subject Access Requests

Reed Smith (Worldwide)
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In June 2014, the UK’s Ministry of Justice released guidance stating that similar provisions will come into force as of 1 December 2014.

United KingdomPrivacy
Cynthia O'Donoghue
Cynthia O'Donoghue
Kate Brimsted
Kate Brimsted
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The practice of employers forcing employees or applicants to exercise subject access rights has been described by the UK’s Information Commissioner’s Office (‘ICO’) as a “clear perversion of an individual’s own rights”. It is now set to become a thing of the past in the UK and Ireland, as both jurisdictions bring laws into effect to make the practice a criminal offence.

In Ireland, provisions of the Data Protection Act 1988 and Data Protection (Amendment) Act 2003 that outlaw the practice were triggered in July 2014. In addition to the employer-employee relationship, these provisions apply to any person who engages another person to provide a service. The provisions have always been included in the Acts, but have not been brought into force until now.

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