If the controller isn’t sure that the applicant is the subject of the data, they can’t disclose the data to that applicant. I suspect that there will be test cases on this kind of request (also RTBF and rectification), so the controller needs to be able to justify any decision on the basis of the law as well as treating applicants fairly and humanely. Nevertheless, it would be a breach of several principles not to ascertain the applicant's identify properly, and I think the controller must get that done one way or another. The applicant must surely understand the importance of data only being accessed by those who are entitled to it.
Tim Turner
2040 Training
www.2040training.co.uk
On 27 September 2019 at 15:27:33, Speirs, Seth ([log in to unmask]) wrote:
I agree that there will be a need for some flexibility in what can be provided as ID, but I can’t really see that we can remove the requirement for some form of ID. I’m sure if we gave their data to someone else without asking them to prove who they were the data subject would be understandably annoyed.
From: Bilal Ghafoor [mailto:[log in to unmask]]
Sent: 27 September 2019 13:03
To: Speirs, Seth
Cc: Jiscmail Dp
Subject: Re: [data-protection] Reasonable Adjustments [OFFICIAL]
1. Is it the same email address or contact?
2. Do they have a GRC they can present?
3. Health letter from NHS that details who they are?
I think you need to negotiate.
Bilal Ghafoor
Data Protection Consultant
E: [log in to unmask]
On Fri, 27 Sep 2019, 12:54 Speirs, Seth, <[log in to unmask]> wrote:
We have received a request from a transgender person seeking a "reasonable adjustment" under the Equality Act 2010 from the requirement to provide identification in respect of a SAR they have made.
Whilst I can sympathise to a certain extent, I'm not sure what adjustment could be made and given the gender issues, I would have thought ensuring that they are the data subject was in fact now more of an issue.
Any one come across this before?
Seth
Seth Speirs
Data Protection Officer
PPS
028 902 64621
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