Letter Acknowledging Subject Access Request and Asking for Administrative Fee and Time to Respond – GDPR Compliant
This Letter Acknowledging Subject Access Request and asking for Administrative Fee and Time to Respond – GDPR Compliant should be used by employers to acknowledge receipt of an individual’s request under the General Data Protection Regulation (GDPR) for information held about them by a company, where fulfilling that request will be particularly complex and time-consuming. As the GDPR applies to all personal data that an organisation processes, employers should accept subject access requests not just from employees, but also from workers, contractors, apprentices and volunteers.
The GDPR allows individuals to access information from organisations that process their personal data by means of a subject access request. The company must advise the employee on:
- whether or not the employee's personal data is being processed;
- the purposes of the processing and the categories of personal data concerned;
- the recipients to whom the data has been or will be disclosed;
- how long the data will be stored, or how that period is determined;
- the employee's rights in relation to the rectification or erasure of data, the restriction of processing and how to object to processing;
- the employee's right to lodge a complaint with the supervisory authority;
- any third-party sources of the data, where this information is available; and
- information about the logic involved in any automated decision-making, if applicable.
The company is also required to provide the employee with a copy of the personal data undergoing processing.
Under GDPR, the time limit for an employer to respond to a subject access request is one month from the date of receipt. If a request is complex, the time period for response can be extended by a further two months. If the employer wants to extend the time period for response, the employer must inform the individual of this within one month of receiving the data subject access request and explain the reason for the delay in responding.
This letter has an optional clause whereby the employer asks the individual for an administrative fee to cover the cost of fulfilling the subject access request. The employer can charge a reasonable fee for complying with a subject access request if that request is manifestly unfounded or excessive. The employer must be able to demonstrate that a subject access request is indeed manifestly unfounded or excessive if a complaint is made.
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