UK to reconsider data access rights

Under UK and EU data protection legislation, individuals have the right to gain access to the personal data that organisations hold about them. This subject access right means that individuals are able to check whether their personal data held are correct and whether they are being processed in accordance with the data protection rules.

The right of subject access is also the basis of further rights, such as the right of individuals to demand the rectification of inaccurate data held on them.

According to the consultation paper issued by the Lord Chancellor's Department, the Government has decided to review the subject access arrangements to make them consistent with the Freedom of Information Act of 2000 (FOI).

The FOI Act extends the subject access right, currently covering electronic records or structured filing systems, to all manual records held by public authorities.

The consultation paper specifically asks whether:

• the subject access fee (currently a maximum of £10) should be abolished and if not, whether there should be a new maximum;
• the current 40 day time limit for response to subject access requests is appropriate;
• the rule that only hard copies of personal data must be provided is appropriate; and
• there is a case for more closely aligning the subject access exemptions under the Data Protection Act with those provided by the FOI Act.

According to The Guardian, privacy advocates and MPs claim that potential restrictions to subject access would give the Government the right not to release information on policy options from ministers' private offices.

The consultation paper is available from:
www.lcd.gov.uk/consult/foi/dpsacons.htm