Data Protection Act 2018 (c. 12)

PART 5 U.K. The Information Commissioner

Fees U.K.

135 Manifestly unfounded or excessive requests by data subjects etc U.K.

(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 [F1 UK GDPR].

Textual Amendments

F1 Words 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)