SAR to council, 40 days or 40 working days?

[hightail]

According to the ICO site the time limit is 40 calendar days but the council claim they have 40 working days. Does anyone know which is correct please.

[rebel11]

Hi high

 

To the best of my knowledge, it's 40 days, not working days. If you google the name of the council, and add the words Subject Access Request it should throw up

some guidelines that have been drawn up by the council, you can then direct them to the link. They might feel a bit stupid.

[hightail]

As I've been searching for the answer I've discovered quite a few councils that think it's 40 working days and are quite happy to say so on their websites which is why I asked the question. The one I'm dealing with doesn't specify and we have 5 days to go yet so we'll need to wait and see if they comply.

[rebel11]

They are wrong and should be reported to the ICO. Confirmed in link:-

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/sars_housing_files_v1.0_260808.pdf

 

The 40-day response period is a statutory requirement and there are no exemptions from this.

[hightail]

Many thanks. Although this particular one has yet to go over the time limit the initial reply definitely gives a date for compliance which is based on working days. Ironic really - if some council officers didn't feel they could make up rules as it suits them there wouldn't be a need for this SAR in the first place.

[rebel11]

As soon as 40 days is up, straight onto the phone to the ICO.

[hightail]

As soon as 40 days is up, straight onto the phone to the ICO.

 

Et non mistake!

[id6052]

late response, but just joined

 

for dpa requests it is 40 days, they may be getting confused with foi requests which are 20 working days

[hightail]

This particular council seem to be making it up as they go along. The initial request was dated and sent on 19th Jan, proof of posting obtained. They acknowledged receipt of the initial request (complete with payment) in a letter dated 24th Jan. They did not ask for any proof of identity but did ask the 'exactly what data do you want' question to which the reply was 'all as initially requested'. This was sent by email at 13.53 on 27th Jan (not 28th as the council claim). They then separately acknowledged receipt of payment on 1st Feb even though it had been included with the initial request and gave a date of 24th March as the date they were working to ?????? A hastener sent by email yesterday with a gentle reminder that the 40 days was over by any and all calculations resulted in the following reply -

I confirm that we are currently dealing with your Subject Access Request and have almost completed the collation of information. However, I am afraid that our Freedom of Information Officer has been on sick leave for a few weeks and has only returned to the office this week and this has resulted in a backlog of work.

We hope to be in a position to send the information to you by 24 March, the date quoted in my letter.

It seems there may be confusion regarding the due date for compliance with your request, as I commenced the timescale from the date on which I received your email clarifying the request (ie. from 28 January) rather than from 19 January as you expected.

 

 

It appears this council believes it can choose the start and finish dates to suit and use staff absence as a valid reason for not complying. We replied asking how they were calculating 40 days but have yet to recieve a reply.

 

 

[rebel11]

Hi hightail

 

I would make a complaint to the ICO, they are very helpful, you can complain online. You can copy the Council's Correspondance. 40 days is more then enough time.

 

http://www.ico.gov.uk/

[hightail]

Already done thanks.