December 9, 2019

The ICO explains that the right of access (known as subject access) is a fundamental right of the General Data Protection Regulation (GDPR). It allows individuals to find out what personal data is held about them and to obtain a copy of that data.

Following on from its initial GDPR guidance on this right (published in April 2018), the ICO has now drafted more detailed guidance which explains in greater detail the rights that individuals have to access their personal data and the obligations on controllers. The draft guidance also explores the special rules involving certain categories of personal data, how to deal with requests involving the personal data of others, and the exemptions that are most likely to apply in practice when handling a request.

The ICO is consulting on the draft guidance to gather the views of stakeholders and the public. The ICO says that these views will inform the published version of the guidance by helping the regulator to understand the areas where organisations are seeking further clarity, in particular taking into account their experiences in dealing with subject access requests since May 2018. The consultation closes on 12 February 2020. To access the consultation, click here.