Hello
Apart from the 40 calendar days, I don't know of any legislation or guidance giving a time limit for SARs. These shouldn't be open ended.
In the area I work in, we normally work on a year between SARs if we think we will receive the same request again i.e. some of our records are 20+ volumes. We will however hold a SAR open for 6 months if we receive a request and can't progress because of no further communication and therefore send a chase letter stating if we haven't heard from you .......... your request will be held open for .........but you can still make a future request if you so wish.
In your instance, the data subject still has some course of redress in that the original SAR has not been logged etc. However it does sound with the other subsequent SARs made that you are saying you could assume and make the case that some of the work may have been covered via telephone. It is not as if you haven't been in contact with this individual and there wouldn't have been an opportunity for them to comment. You could assume the opportunity was there to comment! Needs to be some responsibility taken on their part but again wouldn't assume this as it is not for a data subject to chase when they have made a SAR and you should have acknowledged the original request.
Given the data subject is coming back to you 2 years later. Lots of things can happen in 2 years! It would be advisable to make a new request.
Victoria
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 21 November 2014 12:54
To: [log in to unmask]
Subject: [data-protection] Time to appeal a request
Dear All,
An applicant makes a request in 2012. A very broad request SAR. At the same time, they make particular SAR. Discussions ensue. The result is a SAR response that covers the particular SAR.
There is no immediate evidence that the general SAR was addressed.
The applicant does not chase the broad SAR.
In the meantime, the applicant puts in other particular SARs. Responses sent.
Two years later (2014) applicant reminds council that the 2012 SAR has not been answered.
Is there a time limit for SARs? I would have thought that if the applicant had not chased it within 6 months of it going overdue, it was never logged as it was caught up in the particular SARs, but no immediate emails disclose that as some of the work was done by telephone.
What is your approach to this issue?
Thanks
Lawrence
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