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.
(1)Where a request to the Commissioner from a data subject or a data protection officer is manifestly unfounded or excessive, the Commissioner 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 described in subsection (1) is manifestly unfounded or excessive, it is for the Commissioner to show that it is.
(4)Subsections (1) and (3) apply only in cases in which the Commissioner does not already have such powers and obligations under Article 57(4) of the [F1UK GDPR].
Textual Amendments
F1Words in s. 135(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 56 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
(1)The Commissioner must produce and publish guidance about the fees the Commissioner proposes to charge in accordance with—
(a)section 134 or 135, or
(b)Article 57(4) of the [F2UK GDPR].
(2)Before publishing the guidance, the Commissioner must consult the Secretary of State.
Textual Amendments
F2Words in s. 136(1)(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 57 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)