PART 3Law enforcement processing

CHAPTER 3Rights of the data subject

Supplementary

I153Manifestly unfounded or excessive requests by the data subject

1

Where a request from a data subject under section 45, 46, 47 or 50 is manifestly unfounded or excessive, the controller 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 under section 45, 46, 47 or 50 is manifestly unfounded or excessive, it is for the controller to show that it is.

4

The Secretary of State may by regulations specify limits on the fees that a controller may charge in accordance with subsection (1)(a).

5

Regulations under subsection (4) are subject to the negative resolution procedure.