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Subject Access Request

Employees’ rights to their personal data

Following the introduction of the GDPR the requirements in respect of personal data are now more stringent than ever before. Data Subject Access Requests are the method through which employees can request their personal data held by their employer

The Data Protection Act 2018 implementing the General Data Protection Regulation (GDPR) requires employers to collect and process personal data in a fair and transparent manner. There are stringent requirements in relation to the processing of personal data which, if broken, can ultimately lead to significant fines and criminal sanctions. For further detailed information on data protection rights and obligations please go to our [Data Protection – Subject Access Request] section.

Often Data Subject Access Requests (DSARs) are used as a tool by employees who are in dispute with their employer as it entitles the person making the request to details of the information held about them, which could include information which may help their case, such as incriminating emails. It also puts considerable pressure on the employer as dealing with a DSAR is time consuming and can be expensive. There is a requirement to comply with a DSAR without undue delay and in any event within one month of receipt. DSARs are therefore often used as a tactic in order to encourage employers to make a settlement payment to the employee to resolve a dispute.

 

 

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