In a message dated 08/02/2001 09:12:33 GMT Standard Time,
[log in to unmask] writes:
<< When does receipt of a subject access request take place for
these purposes? The Act defines the 40 day period as from receipt
of the request and payment. But if one receives a request but has
to write for the payment is it an offence to delete items before
the payment is received as, at that stage, a fully valid request
has not been received?
>>
-------------------
The Act does not say the request "has not been received" unless the
information identifying the individual and data and the fee has been
received, it says the data controller need not supply the information
requested unless those conditions are met. A good lawyer should be able to
show that you were intent on not supplying the data if it was deleted after
the initial request on the basis of a technicality such as "the fee wasn't
included."
Ian B
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
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