In The Press

 In a report published by openDemocracy, the Duncan Lewis Public Law department discussed the lengthy delays to Subject Access Requests (SAR) and the impact of these delays on the legal cases of vulnerable clients.

Data protection laws offer individuals important rights regarding their personal information. Under the UK General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) 2018, individuals have the right to request access to any personal data held by an organisation. This request, known as a Subject Access Request (SAR), allows individuals to obtain a copy of their personal information for review.

SARs typically require a response within one month, although there are exceptions to this rule and the period can be extended by two months if the request is complex or if multiple requests have been made.

In a report published by openDemocracy, our Public Law Team discussed the impact these delays have had on our clients’ legal cases. As was noted by the team, it is common for there to be lengthy delays when submitting a SAR to public bodies like the Home Office, and this can cause significant delays in progressing cases.

Even when disclosure is received, it often fails to include important documents. For example, the Home Office often sends only electronic documents that it holds, even when scans of hardcopy documents are specifically requested, and even when many of the most important and relevant documents are only held in hardcopy form. Similarly, the team have noted multiple SAR responses from the Home Office that miss specific documents that we know the Home Office holds, and which our team have been previously sent by other sources. When this has been raised with the Home Office, no explanation or acknowledgment of error has been provided. 

The Public Law Team also raised significant and repeated failings in the Home Office’s complaint response procedures when delays and missing documents are noted to them, even in cases of urgency.

An instance highlighting the inadequacy of SAR response times and document provision is that of a client who, diagnosed with serious physical and mental health conditions, was detained at an Immigration Removal Centre last year. Although released after two months, our Public Law Team are now pursuing a false imprisonment claim. Lawyers required internal Home Office documents detailing the detention to support their case. Despite filing a SAR in November 2023, the response from the Home Office, received nearly two months later, was heavily redacted and appeared to lack crucial original documents from the detention period. Despite raising complaints and extensive correspondence with the Home Office (particularising the documents missing), we are yet to receive a full response (including crucial documents from two full periods of detention) from the Home Office, at the time of writing.

The full report highlighting the faults within the Home Office’s SAR responses can be read here: Getting Personal: Accountability and Personal Data in the UK

About the Public Law Team

Duncan Lewis Solicitors' award-winning public law team maintains top rankings in both Chambers and the Legal 500 directories. The team consistently takes on complex, high-profile challenges and holds the government accountable. Recent successes include landmark cases such as the Rwanda challenge, Manston House, and the Brook House detention centre inquiry.

For advice or assistance on a Public Law matter, contact Public Law Solicitor Angelo Monni at AngeloM@duncanlewis.com or by telephone at 02031141141.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. It was recently crowned Law Firm of the Year 2024 at the prestigious LexisNexis Awards.