Subject access request self serve

A request is manifestly excessive if it is clearly or obviously unreasonable.

To determine whether a request is manifestly excessive you need to consider whether it is clearly or obviously unreasonable. You should base this on whether the request is proportionate when balanced with the burden or costs involved in dealing with the request.

This will mean taking into account all the circumstances of the request, including:

• the nature of the requested information;
• the context of the request, and the relationship between you and the individual;
• whether a refusal to provide the information or even acknowledge if you hold it may cause substantive damage to the individual;
• your available resources;
• whether the request largely repeats previous requests and a reasonable interval hasn’t elapsed; or
• whether it overlaps with other requests (although if it relates to a completely separate set of information it is unlikely to be excessive). 

A request is not necessarily excessive just because the individual requests a large amount of information. As stated above, you must consider all the circumstances of the request. You should also consider asking the individual for more information to help you locate the information they want and whether you can make reasonable searches for the information. Please see ‘Can we clarify the request?’ and ‘What efforts should we make to find information?’.

You should consider the following when deciding whether a reasonable interval has elapsed:

• the nature of the data – this could include whether it is particularly sensitive; and
• how often you alter the data – if it’s unlikely that the information has changed between requests, you may decide you do not need to respond to the same request twice. However, if you have deleted information since the last request, you should inform the individual of this.

You must take the following into account when determining whether a request is manifestly unfounded or excessive:

• consider each request individually – you should not have a blanket policy;
• do not presume that a request is manifestly unfounded or excessive just because an individual has previously submitted a manifestly unfounded or excessive request;
• the inclusion of the word “manifestly” means there must be an obvious or clear quality to unfoundedness/excessiveness; and
• ensure you have strong justifications for why you consider a request to be manifestly unfounded or excessive, which you can clearly demonstrate to the individual and the ICO.