Subject Access Request

Question

I submitted a Subject Access Request to my local Council after I heard that a ‘file’ had been compiled about me after I had made a formal (unresolved) complaint. Despite a reminder, the 40 days deadline has now expired and the request 15 days overdue.  I have been led to believe that all ‘sensitive’ paperwork is kept at the Clerks home for safekeeping despite him having a fully furnished dedicated office and 3 part time assistants. I had hoped the Chairman may have responded and this was why not, I find this quite bizarre.

Has anyone else experienced difficulties when submitting a SAR. I have contacted the ICO for advice but not submitted a complaint.

Answer 1

In many cases those who don't respond do so because they are inexperienced in dealing with subject access requests. However, as professional staff, the clerk should be trained and fulfil the request in full, or write to you explaining a) the delay b) the legal reasons why information is being withheld.

A referral to the ICO usually resolves most problems.