Q&As

Refusing a data subject request—what is ‘manifestly unfounded or excessive’?

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Published on: 12 December 2023
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The General data protection Regulation (GDPR) provides for enhanced rights for data subjects, including providing rights of access, rectification, erasure and restriction of processing, data portability, a right to object to processing and a right not to be subject to a decision based solely on automated processing, including profiling, with strict time limits for complying.

Where a data subject request is manifestly unfounded or excessive, in particular because of its repetitive character, you can either:

  1. •

    charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested—see Precedent: Response to data subject request—all rights—charging a fee or extension of time to respond

  2. •

    refuse to act on the request

Each request must be considered individually on a case-by-case basis.

You bear the burden of demonstrating the request is manifestly unfounded or excessive. In order to do so, you should keep a record of your reasoning.

Where you intend to refuse a data subject request, you must inform the data

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Jurisdiction(s):
United Kingdom
Key definition:
Data protection definition
What does Data protection mean?

In an employment context, this refers to the obligation on an employer to protect the data of its employees and ensure that it complies with the law on how it uses the employees' data.

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