Hi all
I have an interesting situation that has arisen and wondered what you would do in this instance!
Vexatious correspondent sends in subject access request via email to someone who has just started two weeks' holiday on the 30th August - the data subject will have received an out of office message to that effect. No £10 fee submitted (which we normally insist on) and wants all of his file - been a tenant for 20 years so there will be a lot of documents to sift through. Quite savvy about his rights - (has law degree). Staff member comes back from holiday and sends us the SAR yesterday - first anyone of us are aware of it.
Do I:
1) Insist on the £10 fee and start the 40 days from when it comes in (I don't think this is fair as we would normally go back to someone within a day of receiving a written request to say we need the tenner).
2) Waive the fee and start the 40 days from the 30th August but explain that we may be late reaching the deadline as there is so much documentation to dig out.
3) Waive the fee and start the 40 calendar days from yesterday.
My heart of hearts says we should go for 2) but as we have never yet defaulted on responding to a SAR (always sent to the data subject within the legal timeframe) I'm a little bit reluctant.
Any thoughts you have would be much appreciated!
With kind regards
Kate
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