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Data Protection vs. Freedom of Information by Paul Ticher

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CHAPTER 10: SUBJECT ACCESS UNDER THE DATA PROTECTION ACT

In principle a data subject has the right to know all the personal data that a data controller holds about them. If they make a request to see information about them held by a public authority, even if they mistakenly quote the Freedom of Information Act in their request, it should be treated as a subject access request.

The basic position is that when someone makes a valid subject access request they are entitled to:

•  be told whether any of their personal data is being processed by or on behalf of the data controller;

•  be given a description of the data, why it is held and broadly who it may be disclosed to;

•  have a copy of all the actual personal data;

•  be told the source of ...

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