How to Make a Data Subject Access Request (DSAR)

You may have heard about your right to make a ‘data subject access request’. This can be an effective way of encouraging your employer to enter into a settlement agreement with you. So here we look at what a subject access request is, and how best should you use your right to make one.

An employee data subject access request is a right under the EU General Data Protection Regulation (2018), to request all information that your employer (as a data controller) holds, which relates to you.

Importantly it includes the right to request information contained on your employer’s computer system. For example, if your manager has been emailing people about you, you are entitled to see this information.

We have templates on our website that will give you most of what you need, but you need to follow the following steps:

1. State that you wish to make a data subject access request pursuant to Article 15 of the General Data Protection Regulation.

2. Sate that you believe that the company holds personal data about you.

3. Tell the company what sort of data you want them to disclose to you, so, for example, e-mails, personnel file, instant messages, text messages.

4. Tell the company that you want the individual accounts of certain employees searched, for example, the managing director and your manager.

5. Tell the company your full name, any shortened name or nickname you are known by, your company ID number and any other manner in which you can be identified by the company.

6. Tell the company how you want the data disclosed to you. I would suggest electronically unless you want a lot of paperwork cluttering your home.

Once the company has received the request it has 30 days in which to comply unless there are extraordinary reasons for extending the time to respond by another two months.

It can only do so if:

The request is manifestly unfounded or excessive;

an exemption applies; or

the company requires proof of identity before considering the request.

If you follow our guidance, in normal cases it is unlikely the company will be able to extend the time for compliance.

Find out more about Subject Access Requests https://www.monacosolicitors.co.uk/evidence/subject-access-requests/

Subject Access Requests Templates

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