PART 3Law enforcement processing

CHAPTER 3Rights of the data subject

Supplementary

54Meaning of “applicable time period”

(1)

This section defines “the applicable time period” for the purposes of sections 45(3)(b) F1and (5) F2, 48(2)(b) and 53(7).

(2)

The applicable time period” means the period of F3one month beginning with the relevant time F4, subject to subsection (3A).

(3)

The relevant time” means the latest of the following—

(a)

when the controller receives the request in question;

(b)

when the controller receives the information (if any) requested in connection with a request under section 52(4);

(c)

when the fee (if any) charged in connection with the request under section 53 is paid.

F5(3A)

The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of—

(a)

the complexity of requests made by the data subject, or

(b)

the number of such requests.

(3B)

A notice under subsection (3A) must—

(a)

be given before the end of the period of one month beginning with the relevant time, and

(b)

state the reasons for the delay.

(3C)

Where the controller reasonably requires further information in order to identify the information or processing activities to which a request under section 45(1) relates—

(a)

the controller may ask the data subject to provide the further information, and

(b)

the period beginning with the day on which the controller makes the request and ending with the day on which the controller receives the information does not count towards—

(i)

the applicable time period, or

(ii)

the period described in subsection (3B)(a).

(3D)

An example of a case in which a controller may reasonably require further information is where the controller processes a large amount of information concerning the data subject.

F6(4)

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F6(5)

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F6(6)

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