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Data Protection Act 2018

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Data Protection Act 2018, Cross Heading: Fees is up to date with all changes known to be in force on or before 07 February 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 5 Crossheading Fees:

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FeesU.K.

134Fees for servicesU.K.

The Commissioner may require a person other than a data subject or a data protection officer to pay a reasonable fee for a service provided to the person, or at the person's request, which the Commissioner is required or authorised to provide under the data protection legislation.

Commencement Information

I1S. 134 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)

135Manifestly unfounded or excessive requests by data subjects etcU.K.

[F1(A1)This section makes provision about cases in which a request made to the Commissioner, to which the Commissioner is required or authorised to respond under the data protection legislation, is manifestly unfounded or excessive.]

(1)F2... The Commissioner may—

(a)charge a reasonable fee for dealing with the request, or

(b)refuse to act on the request.

[F3(1A)In subsection (1)—

(a)the reference in paragraph (a) to charging a reasonable fee is, in a case in which section 134 is relevant, a reference to doing so under that section, and

(b)paragraph (b) is not to be read as implying anything about whether the Commissioner may refuse to act on requests that are neither manifestly unfounded nor excessive.]

(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 described in subsection [F4(A1)] is manifestly unfounded or excessive, it is for the Commissioner to show that it is.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(5)Article 57(3) of the UK GDPR (performance of Commissioner’s tasks generally to be free of charge for data subject) has effect subject to this section.]

Textual Amendments

Commencement Information

I2S. 135 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)

136Guidance about feesU.K.

(1)The Commissioner must produce and publish guidance about the fees the Commissioner proposes to charge in accordance with—

(a)section 134 or 135, F7...

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Before publishing the guidance, the Commissioner must consult the Secretary of State.

Textual Amendments

F7S. 136(1)(b) and word omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 94(3), 142(1); S.I. 2026/82, reg. 2(p)

Commencement Information

I3S. 136 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)

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