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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60581
Experience:  Qualified Employment Solicitor
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We have requested a SAR from her ex employer who have come

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We have requested a SAR from her ex employer who have come back and said that she has to complete their own form and that they’ll respond as soon as they receive it... if she has already sent in a request in writing, why is it necessary to complete their form it’s already in writing, plus their quoting reasons why they may not do it... am confused

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Can I just check, when did she leave this employer?

Customer: replied 8 days ago.
Thank you Ben, think we may have communicated before...

Hi there. Please provide the information requested so that I may advise

Customer: replied 8 days ago.
Her contract was terminated on the 1st October 2019

Thank you. I am in court today and will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. This is the guidance from the Information Commissioner about this:

 

“The GDPR does not actually specify how to make a valid SAR request. Therefore, an individual can make a subject access request verbally or in writing. It can also be made to any part of your organisation (including by social media) and does not have to be to a specific person or contact point.

A request does not have to include the phrase 'subject access request' or Article 15 of the GDPR, as long as it is clear that the individual is asking for their own personal data.

However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly.

Even if you have a form, you should note that a subject access request is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, a standard email or verbally.”

 

So they cannot force you to fill out their own form as long as it is clear that a request has been made and they would then have to deal with it accordingly.

 

Does this answer your query?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Yes it does, thank you.. my daughter’s so stressed at the moment...

I understand but try not to let things like that get to you or her and just follow the law, which they cannot really have any comeback on