The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 stipulate the legal basis for individuals making a subject access request in the UK. The right to know what information the government or any organization in the UK holds about you is enshrined in the UK GDPR and the data protection act 2018.
The subject access request is a formal request made by an individual to the government or any authority asking for their own personal information. An individual can delegate this to a legal representative or it can be done by the individual. The way of finding out any information is by making a ‘subject access request’ commonly known as the SAR and it is made to the data controller. Check our last blog for more details on who is a data controller.
Now, navigating the subject access request UK, if you have ever applied for a UK visa, or seeking to know your immigration status, citizenship, or had dealings with the UK border force, you have the right to make an SAR requesting to access personal information that the UK home office holds about you.
When to Make an SAR
There are several reasons why an individual will want to make an SAR, below are some of the reasons;
- Getting proof of previous immigration applications submitted
- Show of proof that the individual was in the UK for a certain period of time
- Proof of entries into and exists from the UK
- Seeking details about one’s immigration history
How to Submit an SAR
To submit an SAR, an individual can submit an online application through the home office website or choose to send it by email or post. While submitting the application, it should be accompanied with supporting documents like ID and any proof of authority.
Subject Access Request Home Office Processing Time
Once an SAR has been submitted along with the necessary documents, the individual should receive a response from the home office within one month of the submission. Although, the processing time may take longer depending on the peculiarity of each case.
If you are unsatisfied with the response, you can contact the Office of the Data Protection Officer (ODPO). The ODPO investigates complaints in relation to suspected or identified breaches of subject rights under the Data Protection Act 2018. This includes subject access rights.
The email for to be addressed for the below is dpo@homeoffice.gov.uk:
- complain about the processing of your personal data
- complain to the Home Office Data Protection Officer
Details Needed
- your reference number
- the date the original request was made
- information on how you made the request, for example online or by post
Conclusion
Every individual has the right to request or have access to their information or data held by immigration authorities as stipulated in the law. But the right is not absolute as an individual cannot request for the status of their visa application through an SAR.
For more information on your rights as data subject, you can reach out to us for a free consultation.
We at eLegal Consultants are ready to journey with you to actualize your dreams. Contact us today.
