The Law Society’s Practice Advice Service shares information on charging fees for data access requests.
I am a sole practitioner and acted for a client in a conveyancing matter some years ago. He was difficult throughout the process and has now contacted me and has made a subject access request under the Data Protection Act 1998, s7 (DPA). There is a lot of work involved to comply with the request. Can I charge a fee for dealing with this?
Under the current DPA, you may charge a fee of £10 for dealing with a subject access request.
However, this is due to change under the General Data Protection Regulation (GDPR) which will replace the DPA in May 2018. After this date, you must provide the information free of charge. The removal of the £10 subject access fee is a significant change from the existing rules under the DPA made by the GDPR.
This FAQ is compiled by the Law Society’s Practice Advice Service telephone 0207 320 5675. Comments relating to it should be sent to Mrs Anjali Mouelhi, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. Whilst every effort has been made to ensure the accuracy of the information in the FAQ, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.