Access Request via Email

padocon

Hello,

I made an access request for information held on me within a large national company last week via email. Having emailed them inquiring about the information previously I was given no response after several months of waiting I called them and I was given little information over the phone. Hence the access request.

Just wondering would it speed up the process to send them a cheque for €6 or whatever is the maximum fee they can charge is. I'd hate to think that they get back to me in 40 days saying they require the payment and another 40 days.

Thanks for your help, any advise to speed this up would help

234

https://www.dataprotection.ie/docs/Making-an-Access-Request/963.htm

Follow the steps in this link. If you don't get your information within 21 days then contact the Data Protection Commissioner and make a complaint.

Five Lamps

Assuming that you have made a straightforward request i.e. not Joe Duffy style, the company is also failing in their obligations if they are not responding to you advising you the course of action you should take to get your data.

Spiritiser

Five Lamps wrote: »

Assuming that you have made a straightforward request i.e. not Joe Duffy style, the company is also failing in their obligations if they are not responding to you advising you the course of action you should take to get your data.

what is that?

gctest50

301 , free , all in the one place


https://itunes.apple.com/us/podcast/rte-liveline/id212402885

Five Lamps

Spiritiser wrote: »

what is that?

Generally a long winded complaint that had the person put their point in a concise and factually manner to the person/company that they were complaining about, they would have got results.

I am guessing that OP is in dispute with the company he is referring to. He's request access may be wrapped up in an ongoing complaint. So what the OP needs to do is decouple the data access request from any other ongoing correspondence. Read the link that was posted and keep a record of the request and response dates.

padocon

Thanks everyone for your replies.

Five Lamps wrote: »

I am guessing that OP is in dispute with the company he is referring to. He's request access may be wrapped up in an ongoing complaint. So what the OP needs to do is decouple the data access request from any other ongoing correspondence. Read the link that was posted and keep a record of the request and response dates.

Yes, its a dispute however they have provided little information regards to the their side of the dispute. So why not see what exactly they have, if the followed proper procedures etc. The likelihood is they will ignore the requests for information. Thats what they have done any time I have phoned.

Five Lamps

padocon wrote: »

Thanks everyone for your replies.



Yes, its a dispute however they have provided little information regards to the their side of the dispute. So why not see what exactly they have, if the followed proper procedures etc. The likelihood is they will ignore the requests for information. Thats what they have done any time I have phoned.

If you want to make a proper request then you need to do so in writing - you can't request it by phone. I would, however, phone them and ask who the person is that handles data privacy requests and then write to that person a plain and straightforward request as per the link in the previous post.

They have 21 days to respond (and may ask you to pay the admin fee of 6.35).

padocon

Five Lamps wrote: »

If you want to make a proper request then you need to do so in writing - you can't request it by phone. I would, however, phone them and ask who the person is that handles data privacy requests and then write to that person a plain and straightforward request as per the link in the previous post.

They have 21 days to respond (and may ask you to pay the admin fee of 6.35).

Done that, made it in writing, they have just over a week left to respond to be within the 21 day window. Likelihood is they won't respond.

Kristopherus

Can they not take Christmas & New Year holidays with the 21 days? That could push your reply out another 10 days.

padocon

Kristopherus wrote: »

Can they not take Christmas & New Year holidays with the 21 days? That could push your reply out another 10 days.

Possibly but from my understanding all they need do is reply within the 21 days and that extends there time to provide the information to 40 days.

Five Lamps

padocon wrote: »

Possibly but from my understanding all they need do is reply within the 21 days and that extends there time to provide the information to 40 days.

No, they have 21 days to respond to the request BUT the 40 days to provide the data starts from the date the original request was received.

On of the data protection/privacy fundamentals is to supply the data on request to the person. Deliberate evasion won't go down well with the commissioner.

BTW - a request in writing can include an email.

Fred Swanson

This post has been deleted.

Five Lamps

Fred Swanson wrote: »

This post has been deleted.

There is no statutory fee. You don't include a payment with your request. The data controller can then ask for a fee (when they respond to your request) to find and supply the information. The maximum that they can charge is 6.35.

padocon

Five Lamps wrote: »

No, they have 21 days to respond to the request BUT the 40 days to provide the data starts from the date the original request was received.

On of the data protection/privacy fundamentals is to supply the data on request to the person. Deliberate evasion won't go down well with the commissioner.

BTW - a request in writing can include an email.

Yes, thats what I meant, I should have been clearer. I'm glad it won't go down well, something as simple as the commissioner on there back might make them more co-operative.


As for the fee I was under the understanding from the commissioners website it's up to them to ask. But Im no expert...

padocon

Been over 50 days since I asked for the information. The company acknowledged my email on the 19th day but got nothing since! Just as I thought. Filed a complaint with the commissioner anyone know what the process is now?

Fred Swanson

This post has been deleted.