Q&As

Can a limited company make a subject access request? Can a director of a limited company ask for recordings of calls with us? If yes, what personal data must we provide?

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Produced in partnership with Peter Steel of Bevan Brittan
Published on LexisPSL on 21/01/2019

The following Risk & Compliance Q&A Produced in partnership with Peter Steel of Bevan Brittan provides comprehensive and up to date legal information covering:

  • Can a limited company make a subject access request? Can a director of a limited company ask for recordings of calls with us? If yes, what personal data must we provide?

This Q&A draws on the Information Commissioner’s Office’s (ICO’s) guidance on business-to-business marketing, which may or may not be relevant dependent on the nature of the calls.

A limited company cannot make a subject access request, but a director can. The recording of a call may contain a variety of personal data. When recording calls, you must be sure that it is lawful for you to record them under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) and Data Protection Act 2018 (DPA 2018).

Personal data is defined in Article 4 of the GDPR as:

‘…any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.’

In consequence, personal data has to be information that relates to an individual. That individual must be identified or identifiable, either directly or indirectly, from one or more identifiers or from factors specific to the individual. Under DPA 2018, s 45, only individuals have a right of access to any personal data you or your firm holds.

A limited company cannot therefore make a subject access request

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