Managing Data Subject Access Requests in Compliance Programs

Data Subject Access Requests (DSARs) have emerged as a critical compliance challenge for businesses worldwide as privacy regulations continue to expand.

These requests, which allow individuals to discover what personal information organizations hold about them, are increasingly testing the readiness of corporate data management systems and compliance programs.

The Growing DSAR Challenge

DSARs, originating from the “right of access” in Article 15 of the EU General Data Protection Regulation (GDPR), are becoming more common across multiple jurisdictions. A DSAR allows individuals to request access to their data, understand its use, and exercise various privacy rights.

According to recent data, organizations are experiencing a near-exponential rise in DSARs just as regulators have begun imposing fines exceeding $100,000 for systematic failures to comply with request deadlines.

From April 2022 to March 2023 alone, the UK’s Information Commissioner’s Office (ICO) received over 15,000 DSAR-related complaints, demonstrating the increasing attention paid to these requests.

A recent industry analysis notes that “for many organisations, DSARs are now the most common type of request they receive. ” This convergence of trends makes DSARs a growing problem for multinational organizations.

Compliance Requirements and Deadlines

Most privacy regulations require organizations to respond to DSARs within strict timeframes, typically 30-45 days. Under GDPR, organizations must respond without undue delay and within one month of receiving the request.

However, this may be extended by two months for complex cases or when handling multiple requests from the same individual.

When responding to a DSAR, organizations must provide comprehensive information, including confirmation that they are processing personal data, a copy of the requested personal data, the purpose of data processing, third parties with whom data is shared, categories of personal data being processed, data sources (if not collected directly from the individual), data retention periods, and information about automated decision-making.

Implementing Effective DSAR Management

Organizations need to establish structured workflows to manage the growing volume of DSARs. A recommended approach includes implementing multiple submission channels while verifying the requester’s identity to protect against unauthorized data disclosure.

Gathering requested data requires searching across all systems and networks where personal data might be stored, which can be challenging as data is often fractured or duplicated across a company’s operations, systems, and networks.

Reviewing and packaging data involves ensuring all gathered information meets requirements before disclosure, particularly since data can’t be revealed if the disclosure infringes upon another person’s privacy rights.

Finally, delivering reports in clear language that includes all required elements of a compliant response remains critical.

Consequences of Non-Compliance

Organizations that fail to manage DSARs properly face significant risks. Under various privacy regulations, regulatory penalties include substantial fines.

Delays or inadequate responses can damage customer relationships, as customers are increasingly concerned about data privacy. Manual processes can create system-wide bottlenecks that may increase vulnerability to security incidents.

A recent study found that 94% of companies subject to GDPR are not prepared to meet its privacy compliance requirements, while 95% use expensive, error-prone, and time-consuming manual compliance processes.

Looking Ahead

As privacy awareness continues to grow, with 79% of people expecting to have control over how businesses use their data, organizations must prepare for increasing DSAR volumes.

Industry experts recommend implementing automated systems to handle these requests efficiently. Setting up customer-facing web forms is one way to enable this, provided they are branded, compatible with all devices, easily accessible, and user-friendly.

For organizations developing DSAR capabilities, establishing clear procedures, implementing appropriate technology, and training staff appropriately will be essential to maintaining compliance and building consumer trust in an increasingly privacy-conscious marketplace.

Whether responding to customer requests, employees, vendors, or other stakeholders, a streamlined, transparent DSAR fulfillment process is becoming a regulatory requirement and a competitive advantage in today’s data-driven business environment.

Find this News Interesting! Follow us on Google News, LinkedIn, & X to Get Instant Updates!