Can companies Levy an Admin charge for providing personal information under the Data Protection Act?

An solicitor has requested medical information on an ex-employee. Can the Company charge for the administration involved in collecting this information?. Is there a set fee for obtaining such information under the DPA legislation?|||In Short: YES, up to the maximum proscribed by the secretary of state (include staff costs as well as stationary).





The Long Version:


The Data Protection Act 1998 (Section 7 - Right of Access to Personal Data - Subsection 2) states:





(2) A data controller is not obliged to supply any information under subsection (1) unless he has received鈥?br>




(a) a request in writing, and





(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.





So you should contact the Information Commissioner's Office to determine the proscribed maximum - keeping in mind that the law requires you to provide all information in hard-copy unless they agree, also remember that this will take staff time [costs are there as well as stationary] and you do not have to proceed with this claim unless you are sure the person requesting the data is who they say they are.





Section 7 - Subsection 3


(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.





Section 8 (Provisions supplementary to section 7) - Subsection 2


(2) The obligation imposed by section 7(1)(c)(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless鈥?br>




(a) the supply of such a copy is not possible or would involve disproportionate effort, or





(b) the data subject agrees otherwise;|||Yes, a reasonable fee for copying or copies of documents can be charged. As to whether it can be set or not, all I remember is "reasonable" and then courts have held whether certain charges are reasonable or not. 25 cents per page is reasonable. If the fee were over a dollar, it might not be reasonable but i am not aware of what fees courts have said were not reasonable. Guess it depends on what they charged if you wanted a personal opinion. But I'd think up to a dollar a page or thereabouts is reasonable. My opinion and not a legal one.|||At least in the USA nobody can release medical information without consent. An employer or ex employer would not release such information.