We often advise our clients to make a Subject Access Request (SAR) to their employer. A Subject Access Request is a useful tool to access information if you are facing an employment issue, such as disciplinary proceedings or a redundancy situation. Please read on to find out more.
We often receive questions about Subject Access Requests. This blog therefore aims to address the following commonly asked questions:
- What is a Subject Access Request?
- How can I make a Subject Access Request?
- What should I ask for in my Subject Access Request?
- Is making a Subject Access Request free?
- What should happen after I make a Subject Access Request?
- What should I do if my employer fails to comply?
Each of the above points are addressed below.
What is a Subject Access Request?
A Subject Access Request (also known as a SAR) is a request you can make to your employer for personal data they hold about you.
To explain, under the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018), you have the right to request whether personal data (i.e., information relating to you) is being processed. If your employer holds personal data relating to you, you are also entitled to obtain a copy of that personal data.
How Can I Make A Subject Access Request?
The law (as stated above) does not define how a Subject Access Request should be made. However, if you are considering making a Subject Access Request to your employer, it is important you think carefully about how you make such request.
Firstly, you should check your employer’s policies and procedures. Some employers have a policy or designated form that explains how a Subject Access Request should be made. If this is the case, you should follow it!
In any event, we advise making a Subject Access Request in writing. This means you can retain a copy of your Subject Access Request, in case of any dispute between yourself and your employer. We would advise you to:
- Address your Subject Access Request to your employer’s Data Controller or another relevant member of staff (for example, your Line Manager or HR Manager); and
- Date your Subject Access Request (to avoid disputes about the timing of any response, as detailed below); and
- Clearly label the document as a Subject Access Request; and
- Explain you are exercising your rights pursuant of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018); and
- List the personal data you would like to obtain (see below); and
- Provide a list of possible names and search terms (for example, Mr Smith, S Smith, Smithy etc); and
- Include a copy of your personal ID (for example, a copy of your driving licence) to prove your identity.
What Should I Ask For In My Subject Access Request?
You can generally ask your employer for any personal data they hold about you. However, you do not want your Subject Access Request to be considered unfounded or excessive (please see below) and, therefore, it is important to limit your Subject Access Request to specific pieces of data and/or a limited timeframe.
For example, depending on your employment matter, you may want to request personal data such as:
- Relevant policies and procedures
- Your personnel record
- Your payslips
- Your contract of employment
- Correspondence (i.e., emails, letters, text messages etc) between X and Y in relation to a certain employment matter
- Correspondence (i.e., emails, letters, text messages etc) between X, Y and Z within a limited timeframe.
Please note, the above list is by no means exhaustive. For further assistance about what to include in your Subject Access Request to your employer, please contact us for a no obligation, free consultation. Just use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Is Making A Subject Access Request Free?
As a general rule, making a Subject Access Request to your employer should be free of charge. However, as above, it is very important you limit your Subject Access Request. If not, you risk your Subject Access Request being considered manifestly excessive or unfounded.
If your Subject Access Request is considered manifestly excessive or unfounded, your employer can (in limited circumstances) charge an administrative fee to deal with your request. However, if this is the case, the fee should be reasonable.
What Should Happen After I Make a Subject Access Request?
Once you have made a Subject Access Request to your employer, they should deal with your request without undue delay and, in any event, within one month of receipt.
However, if your Subject Access Request is considered manifestly excessive or unfounded (as above), your employer could delay their response by up to two further months. Your employer should, however, inform you about this.
What Should I Do If My Employer Fails To Comply?
If your employer fails to comply with their obligations in relation to your Subject Access Request, you should first raise your concerns with your employer. If this is unsuccessful, a further option would be to report your employer to the Information Commissioner’s Office.
Lincs Law Employment Solicitors Can Help You
As above, we often advise our clients to make a Subject Access Request to their employer. Therefore, if you would like further assistance with making a Subject Access Request, please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Trainee Employment Solicitor
Lincs Law Employment Solicitors
Tags: at risk of redundancy Data Subject Access Request disciplinary DSAR Evidence Kate Key lincs law employment solicitors SAR Subject Access Request Trainee Employment Solicitor