Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Response to ICO draft code of practice to handling Data Protection information requests

08 March 2013 #Employment

Clarkslegal has submitted a response to the Information Commissioner’s consultation regarding subject access requests under the Data Protection Act 1998.  The consultation, which closed on 21 February 2013, sought views upon whether the Information Commissioner’s new draft code of conduct provided the correct level of guidance and practical examples to assist organisations to deal with access requests.

Our response on behalf of our clients and subscribers, noted several points and recommendations for the Information Commissioner’s consideration ahead of production of a final code.  The main ones being:

  • The code does not explain key concepts such as the meaning of ‘personal data’ and is therefore not a single reference point for organisations. 
  • The code does not contain sufficient guidance in respect of requests which may take longer to comply with than the current 40 day time limit and does not give any guidance on whether it is ever reasonable to exceed this time limit.  
  • The code needs more practical examples for exemptions that may apply and for dealing with third party data.  In the later case we suggested that a small case study showing how to redact third party data appropriately may be beneficial.

Following review of the consultation responses, a final code of practice is expected to be published by the Information Commissioner’s Office by April 2013.  Watch this space!

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Louise Keenan

Louise Keenan

T: 0118 960 4614
M: 0779 900 7325


Employment team
+44 (0)118 958 5321