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Subject Access Request

The Data Protection Act 1998 allows you to request copies of any data that mentions your name. 
This data is not simply limited to electronic data – it also includes other records, such as letters, personnel files etc.
The employer has 40 days to respond and is able to charge a small admin fee of up to £10 for sending copies of the information.
The employer must comply with the 8 data protection principles.

The 8 principles are:

  • An employer must process and data on your employees fairly and accurately.
  • The information held must be accurate and up to date.
  • And adequate amount of data must be held.
  • The data must be relevant, and not excessive.
  • An employer must not keep any data for longer than necessary.
  • The information must be processed in accordance with the employee’s rights.
  • An employer must ensure that all information held is secure.
  • The data may only be transferred out of the EU if there are adequate levels of protection.

An employer should avoid processing any data which does not fit these 8 principles.

The Subject access request could prove to be a useful evidence gathering exercise and also forewarns the employer of the administrative time that a potential employment law claim could take.  It could be useful to do this at an early stage and then prepare the Subject access request bundle in date order for your employment lawyers.