A new piece by me and a colleague on the Mishcon de Reya website, about the ICO’s new SAR guidance https://www.mishcon.com/news/ico-guidance-on-subject-access-requests
A couple of NB points where this guidance differs from the draft version:
ICO suggests one of the factors to take into account when deciding whether a request is excessive is “Whether refusing to provide the information or even acknowledging it is held may cause substantive damage to the individual”. To me, this is pretty extraordinary, and might have the effect of putting the requester to proof as to damage caused by non-compliance.
ICO also has shifted its position, and suggest that staff time perse (rather than disbursements) might be charged for in the event of excessive or manifestly unfounded requests.
I have my own views on whether these propositions are positive or negative. I suspect though that we will see challenges.