The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

This consultation has closed

The right of access in Part 3 of the Data Protection Act 2018 is a fundamental right that applies to competent authorities. It is more commonly known as the right to make a subject access request.

It allows individuals to find out what personal data is held about them for law enforcement purposes and to obtain a copy of that data. Following on from our initial guidance on this right, the ICO has now drafted detailed guidance which explains in greater detail the rights that individuals have to access their personal data and the obligations on competent authorities. The draft guidance also explores situations involving joint controllers, how to deal with requests involving the personal data of others and the restrictions that are most likely to apply in practice when handling a request.

At the same time, the ICO has also drafted updated guidance on the provisions in Part 3 on how authorities should deal with manifestly unfounded or excessive requests.

We are running a consultation on both of these pieces of draft guidance to gather the views of stakeholders and the public. These views will inform the published version of the guidance by helping us to understand the areas where organisations are seeking further clarity, in particular taking into account their experiences in dealing with subject access requests since May 2018.

Please submit responses by Friday 11 March at 5pm. Responses submitted after the deadline may not be considered.

Responding to the consultations

The easiest way to respond to the consultations is through the online survey.

Alternatively, you can email the completed Word surveys to [email protected], or print off the documents and post them to:

Part 3 Right of Access guidance
Regulatory Assurance
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If you have any general queries about the consultation, please email us at [email protected].

Privacy statement

For this consultation we may publish the responses received from organisations or a summary of the responses. We will not publish responses from individuals. If we do publish any responses, we will remove email addresses and telephone numbers from these responses but apart from this we will publish them in full. Please be mindful not to share any information in your response which you would not be happy for us to make publicly available. For further information, see responding to our consultation requests and surveys.

Should we receive an FOI request for your response we will always seek to consult with you for your views on the disclosure of this information before any decision is made.

For more information about what we do with personal data, please see our privacy notice.