6 June 2014
The Personal Data Protection Regulations 2014 ("Regulations") set out some new details about compliance with the Access & Correction and Transfer obligations of the Personal Data Protection Act 2012 ("PDPA"). I'm just going to address the Access & Correction obligations in this post.
Access & Correction
Form of providing personal data:
Upon receiving an access request, the organisation must provide the applicant with a copy of the personal data and use/disclosure information, but if this is impracticable, it must allow the applicant a reasonable opportunity to examine the personal data and use/disclosure information, or provide it in another form requested by the applicant that is acceptable to the organisation.
The organisation needs to comply with access or correction requests within 30 days of receiving the request. If it can't, it must inform the applicant in writing of when it will respond to the request within those 30 days. Best practice is also to provide an explanation for why it can't respond within 30 days.
Refusal to confirm/deny existence of personal data:
The organisation can refuse to confirm or deny the existence, use or disclosure of personal data in response to an access request if investigations or proceedings (and any related appeals) have not been completed. This prevents tipping off individuals about ongoing investigations or proceedings.
Reasonable fees can be charged for access requests. To do so, the organisation must provide the applicant with a written estimate of the fee, or written notice of any increase in the fee. The organisation doesn't need to respond to an access request if the applicant refuses to pay the fee. The fee shouldn't be unreasonable or have the effect of being obstructive, and keep in mind that the Commission may review the fee (or increased fee). Fees cannot be charged for correction requests.
That's it for the Access & Correction updates from the Regulations. Post on the Regulation's Transfer updates coming soon.
Associate Director, BR Law Corporation
Post date. Edit this to change the date post was posted. Does not show up on published site. 6/6/2014
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The materials in these articles have been prepared for general informational purposes only and are not legal advice or a substitute for legal counsel. If you require legal advice for your particular circumstances, please consult a suitably qualified legal counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not rely or act upon this information without seeking professional counsel. Whilst we endeavour to ensure that the information in these articles is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. The authors of the articles are or were employees of BR Law Corporation at the time of publication, but may no longer be, now or in the future, in the employ of the firm.
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