- Posts: 367
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- How long should I give before contacting Data Prot
How long should I give before contacting Data Prot
- mumsgirl
- Topic Author
- Offline
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51287
I don't think there is a correct answer to this, not receiving the request is a legitimate reason for not answering within the normal 40 days, conversely your friend would have had a reasonable expectation of receiving the information requested before now.Someone I know requested a SAR in May (after getting a 'fail'). After waiting 40 days he didn't receive it, so he wrote to them in July and August. He sent all letters by registered post which were all signed for but got no reply to any of them. He sent a 4th (by 2nd class post) saying that if he didn't receive a reply this time he would contact the ICO. He got a reply 3 days later (14th Sept) from the Data Protection Officer apologising saying that they didn't receive the first 3!!! And she said she would organise it 'promptly' and send it to him.
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?
If it was me, I would give them a further 20 days (3 weeks), and then make a complaint, however if your friend has decisions pending this information then they could make a complaint now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
Someone I know requested a SAR in May (after getting a 'fail'). After waiting 40 days he didn't receive it, so he wrote to them in July and August. He sent all letters by registered post which were all signed for but got no reply to any of them. He sent a 4th (by 2nd class post) saying that if he didn't receive a reply this time he would contact the ICO. He got a reply 3 days later (14th Sept) from the Data Protection Officer apologising saying that they didn't receive the first 3!!! And she said she would organise it 'promptly' and send it to him.
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?
Hi MG,
Long time no post !!!

Theorectically, once they have exceeded the 40 day limit, you can instigate a complaint.
It is upto you how much extra time you wish to give them, and how much longer you think is reasonable.
bro58
Please Log in or Create an account to join the conversation.
- mumsgirl
- Topic Author
- Offline
- Posts: 367
Please Log in or Create an account to join the conversation.
- mumsgirl
- Topic Author
- Offline
- Posts: 367
Anyway thanks for replying -to whom should he complain?
Please Log in or Create an account to join the conversation.
- bro58
Hi bro58 (I must have been writing my second message before yours appeared). Yes, long time no post - you disappeared too for a wee while - I know because I missed you!
Anyway thanks for replying -to whom should he complain?
Hi MG,
ICO in the first instance : www.ico.gov.uk/complaints.aspx
You could go for the hatrick though !!

Complaining to the DWP
Contacting your MP
bro58
Please Log in or Create an account to join the conversation.