Q&As

What is the limitation for an individual to enforce a Data Subject Access Request through the courts?

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Published on LexisPSL on 28/11/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • What is the limitation for an individual to enforce a Data Subject Access Request through the courts?
  • The right of access to personal data
  • Enforcement by court order
  • Compensation for failure to comply with DPA 1998

What is the limitation for an individual to enforce a Data Subject Access Request through the courts?

We do not have a Practice Note on the specific point raised in this Q&A. However, the following which may be useful.

The right of access to personal data

Sections 7 and 8 of the Data Protection Act 1998 (DPA 1998) set out a data subject’s right of access to personal data held by a data controller. An individual has a right to be informed whether a data controller is processing personal data about them and to be given:

  1. a description of the personal data of which they are the data subject

  2. to be informed of the purposes for which the data is being or will be processed and the identity of any recipients to whom the data may be disclosed

  3. in an intelligible form, the information which constitutes personal data, and any information the data

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