(1) Where a request to the Commissioner from a data subject or a data protection officer is manifestly unfounded or excessive, the Commissioner may—
(a) charge a reasonable fee for dealing with the request, or
(b) refuse to act on the request.
(2) An example of a request that may be excessive is one that merely repeats the substance of previous requests.
(3) In any proceedings where there is an issue as to whether a request described in subsection (1) is manifestly unfounded or excessive, it is for the Commissioner to show
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