| Commentary

(c) Responding to DSARs

| Commentary

(c)     Responding to DSARs

It should be borne in mind that UK GDPR art 12(5) permits an employer to refuse to act on a DSAR which is 'manifestly unfounded or excessive'. If an employer unreasonably refuses to comply with a DSAR, the starting point is that employees can make a complaint to the ICO (see see para [194.225] below). If the employer seeks to rely on art 12(5), then they will bear the burden of proving that the DSAR was manifestly unfounded or excessive. The ICO's guidance gives some examples of what might qualify. It should be noted that a request will not be manifestly excessive simply because the requestor seeks a large

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