Hi Guys,
Apologies, I don't have more to add to this conversation other than a link to a site I use to help get a date for completion.
https://www.timeanddate.com/date/weekdayadd.html?d1=20&m1=3&y1=2018&
I hope it's some help to you.
Kind Regards,
Ross
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Donald Henderson - CHX
Sent: 15 August 2019 16:05
To: [log in to unmask]
Subject: Re: [data-protection] starting the clock - SARs
Is it just me, or is this all starting sound a bit bonkers? From a member of the public's perspective, they appear to have no certainty about how long a request might take until they submit it.
I must admit, I heard ICO advice pre-GDPR implementation (and pre any advice on what a month was) that we should just use 28 days. We looked at our response time and noted that we either get things out in 2-3 weeks or miss by a country mile. The difference between 28 days and 31 is, consequently academic as far as we are concerned. For simplicity, therefore, we just use 28 days regardless of holidays.
Donald
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Clay Garland
Sent: 15 August 2019 15:56
To: [log in to unmask]
Subject: Re: [data-protection] starting the clock - SARs
Sorry for the double post, but with regard to public holidays in Scotland as defined in Reg. 1182/71, they (along with those of every other member state) are published for 2019 here: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:C2018/466/13&from=FR
This leads to a slight problem, in that the list in the OJEU has Scottish and Northern Irish public holidays the wrong way round. So if you're based in Scotland you can count St Patrick's Day as a non-working day, but not St Andrew's. This is presumably either a typo in the Journal or a mistake by the Foreign Office - place your bets now.
Regarding official EU holidays, these only apply to EU institutions and are therefore sadly only relevant to SARs submitted to - e.g. the European Commission.
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Clay Garland
Sent: 15 August 2019 15:43
To: [log in to unmask]
Subject: Re: [data-protection] starting the clock - SARs
Bill,
Can't comment on EU public holidays, but a request received on 31st January is due on 28th Feb (or 29th if a leap year), or the first working day afterwards if that isn't a working day.
So a request received on 31st Jan 2019 would have been due 28th Feb 2019, and a request received 31st Jan 2020 would be due on 2nd March 2020 (but only because 29th Feb is a Saturday).
Kind regards,
Clay
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Bill Dunn
Sent: 15 August 2019 15:30
To: [log in to unmask]
Subject: Re: [data-protection] starting the clock - SARs
If we are to use Regulation 1182/71 in addition to Saturday and Sundays, I think that we would go by the FOISA public holidays plus the days that are EU public holidays that are not already included - for Maundy Thursday (9 April), Easter Monday (13 April), Labour Day (1 May) Ascension Day (21 May), the day after Ascension Day (22 May), Whit Monday (1 June), 21 July (Belgian National Holiday!), 2 November (All Soul's Day), July, 2 November and 24-31 December 2020 (Commission decision 2019/C 38/5). Pity it only counts towards the final date and not completely discounted.
Just to be clear, if we receive a subject access request at 12:00 on 28 January, the response has to be issued by 11:59 on 28 February? If we receive it at 12:00 on 29 January, we have until 11:59 on 29 February to respond. If on 31 January, 2 February?
If we receive a request at 12:00 on 27 November, the response has to go by 4 January 2021 (thanks to the EU holidays - if they still apply)?
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