Data Subject Access Requests (under Article 10 of the Data Protection Act 1998) are powerful tools that allowed people to request a copy of any information held on them by organisations (with some exceptions). In order to provide a response, a fee of up to £10 could be charged.
With the new GDPR era, these fees are no longer going to apply, and the access requests will now be covered by Section 94 of the Data Protection Act 2018 (which is set for Royal Assent today). As a result, I suspect we will be seeing far more of these requests… and given how underprepared most organisations have proven to be with the DPA 98’s mechanisms, it will be interesting to see how they cope.
I decided to investigate the process myself with none other than the UKVI. Formerly known as the UKBA. The visas and immigration people. I’m pretty sure they must have some interesting information on me, especially given that my spouse is a foreign national.
Handily, they have a page where you can submit your request for information on gov.uk. The process is, as you would expect, fairly convoluted. There are three categories of information you can request: Basic, Specific, or Detailed. For the ‘Detailed’ request, they are still asking for the £10 fee. However, in order to verify your identity, they require a host of information, including:
- Your passport number.
- A copy of your passport.
- Written confirmation that your passport is a ‘true likeness’ of you.
Interestingly, they ask for a lot more information, including your parents’ date of birth, etc. This is noted as being ‘optional’, but still presents itself in such a way that it seems like it might be required. Let’s repeat after me: Data Subject Access Requests should not be an excuse to mine more data. I chose not to provide any more details than was necessary.
Back to what was required: Data controllers have an obligation to take ‘reasonable measures’ to verify the identity of a person making a request, and so some of this is fair enough. However, the passport number alone should be sufficient, since the UKVI hold all of the information anyway. A copy of the passport seems unnecessary, and the written confirmation of the likeness just seems bonkers – especially since the list of people who can give this certification is prohibitively small:
- a legal representative, registered with the Office for the Immigration Services Commissioner (OISC)
- a solicitor, barrister or chartered legal executive
- a commissioner for oaths
- a registered charity
Now, I am not one to suggest that the UKVI may well be trying to make it as difficult as possible for somebody to make a subject access request, but it certainly seems like this is not in the spirit of the GDPR, or the DPA 2018. The list above is even more restrictive than the categories of people who can countersign photos to get a passport in the first place. To illustrate the point, here are the professions of folks who can counter-sign your initial passport application:
Examples of recognised professions include:
- airline pilot
- articled clerk of a limited company
- assurance agent of recognised company
- bank/building society official
- chairman/director of limited company
- commissioner for oaths
- councillor, eg local or county
- civil servant (permanent)
- director/manager/personnel officer of a VAT-registered company
- engineer – with professional qualifications
- financial services intermediary, eg a stockbroker or insurance broker
- fire service official
- funeral director
- insurance agent (full time) of a recognised company
- Justice of the Peace
- legal secretary – fellow or associate member of the Institute of Legal Secretaries and PAs
- licensee of public house
- local government officer
- manager/personnel officer of a limited company
- member, associate or fellow of a professional body
- Member of Parliament
- Merchant Navy officer
- minister of a recognised religion – including Christian Science
- nurse – RGN or RMN
- officer of the armed services
- paralegal – certified paralegal, qualified paralegal or associate member of the Institute of Paralegals
- person with honours, eg an OBE or MBE
- photographer – professional
- police officer
- Post Office official
- president/secretary of a recognised organisation
- Salvation Army officer
- social worker
- teacher, lecturer
- trade union officer
- travel agent – qualified
- valuer or auctioneer – fellows and associate members of the incorporated society
- Warrant Officers and Chief Petty Officers
This means that the requirements for verifying ‘likeness’ are higher to get information held on you by the UKVI, than they are to get a passport in the first place.
For my subject access request, I have been told I have 15 days to submit the relevant documentation, including the above:
Despite making the application online, I also apparently can’t submit the evidence online – so I’m not sure what the point of offering such a service is in the first place.
In my opinion, the requirements are not ‘reasonable’, and providing my passport number alone should be enough. As a result, I will not be submitting statements from a solicitor or charity at this point to support my request. I am going to operate on the assumption that the online system is not properly equipped to deal with subject access requests properly, and that the evidential standard is being confused with actual visa applications. I have contacted the UKVI directly with these concerns. Here’s what I said:
I have just submitted a Data Subject Access Request under s.10 of the DPA 98 and s.94 of the DPA 2018 (which just received Royal Assent). This should further be considered in light of Article 15 of the GDPR.
As part of the evidential requirements listed on your site, I must provide:
1. A copy of my passport.
2. A ‘written confirmation of true likeness’ from a third party.
3. A letter of permission.
Firstly, I want to point out that there is no way to provide these documents online, despite the initial application being made online. I therefore request that you agree to receive items 1 and 3 electronically, rather than by post.
Secondly, I object to the requirement to provide a written confirmation of true likeness. As you will be aware, data controllers are required to undertake ‘reasonable measures’ to verify the identity of the person making the Data Subject Access Request. I submit that by providing a copy of my passport, and the passport number, that this more than satisfies the legal requirement.
Further, I submit that since the list of those who are considered appropriate to provide this written confirmation is less extensive than those who can act as a counter-signatory for a passport application in the first place, that this requirement is demonstrably disproportionate, and as such not required to respond to my request.
To summarise, please advise that:
1. You will accept items 1 and 2 from the above electronically.
2. That the written confirmation of true likeness is not required to give effect to the request under the relevant law.
We will see what happens. Should my subject access request be denied, then it would appear that the UKVI really are requiring a disproportionately high standard to verify people for their Data Subject Access Requests, and I’ll need to revisit it at that point. Stay tuned.