Must employers still comply with the 30 day response timeframe for subject access requests during the COVID-19 pandemic?
The ICO has confirmed that it cannot relax the 30-day response period for subject access requests because it is a statutory timeframe (set out under sections 45 and 54 of the Data Protection Act 2018). However, the ICO has stated that it appreciates organisations’ attentions may be diverted elsewhere and therefore organisations will not be penalised for prioritising other areas of their business or adapting their usual approach.
Nevertheless, communication is key and if employers do not think they will be able to meet a subject access request deadline, it would be prudent for them to inform the requestor and explain the reason for the delay.
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