Client Blog: GDPR – What is a Subject Access Request?
GDPR is the General Data Protection Regulation, which is already in place in the UK. However, it will come into force from 25th May 2018 – by which time your organisation needs to be compliant and to have a framework in place which demonstrates this compliance. As of May 2018, your data should be secure and your systems should support privacy by default.
The introduction of new technological capabilities and the adoption of a variety of digital channels has enabled most companies to gather an unprecedented amount of customer data. GDPR has been designed to give European citizens more control over the data that organisations collect, how they store it and how that information is then used.
Furthermore, the general public will be able to request a copy of all data that is being held by a company by using a Subject Access Request (SAR). These have been available for a while, however new rules mean that as of May this data must be produced within 30 days and free of charge. As the ICO (Information Commissioner’s Office) will be running a campaign in the Spring to inform the public of the changes to GDPR, it seems likely that the number of SARs will increase – an additional administrative task for each company, which will require resource.
Following receipt of the response to an SAR an individual can:
- request to be forgotten and their data erased
- seek to have their information rectified
- ask for their data to be moved from one provider to another
- object to profiling activities (ie the automated refusal decision of a loan application)
Therefore, the importance of GDPR cannot be stressed enough. Organisations which act as a Data Controller (the company) or Data Processor (for example, a marketing agency) face much higher fines for non-compliance. A Data Privacy Officer must be appointed; someone who’s responsibility it will be to relay any data breaches to the ICO within 72 hours.
Read our Top Tips for GDPR compliance planning.
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