Personal Data Protection Regulations 2021 · As enacted · Part 2 · Requests for Access to and Correction of Personal Data
7. Fees
Feedback & supportSubject to section 28 of the Act as in force immediately before 1 February 2021 or section 48H of the Act (as the case may be), an organisation may charge an applicant who makes a request to it under section 21(1) of the Act a reasonable fee for services provided to the applicant to enable the organisation to respond to the applicant’s request.
An organisation must not charge a fee to respond to the applicant’s request under section 21(1) of the Act unless the organisation has —
provided the applicant with a written estimate of the fee; and
if the organisation wishes to charge a fee that is higher than the written estimate provided under sub‑paragraph (a), notified the applicant in writing of the higher fee.
An organisation does not have to respond to an applicant’s request under section 21(1) of the Act unless the applicant agrees to pay the following fee:
where the organisation has notified the applicant of a higher fee under paragraph (2)(b) —
if the Commission —
has reviewed the higher fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or
has reviewed the higher fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or
if sub‑paragraph (i) does not apply, the higher fee notified under paragraph (2)(b);
where sub‑paragraph (a) does not apply and the organisation has provided the applicant with an estimated fee under paragraph (2)(a) —
if the Commission —
has reviewed the estimated fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or
has reviewed the estimated fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or
if sub‑paragraph (i) does not apply, the estimated fee provided under paragraph (2)(a).
To avoid doubt, an organisation must not charge the applicant any fee to comply with its obligations under section 22(2) of the Act.
Subregulation 1
Subject to section 28 of the Act as in force immediately before 1 February 2021 or section 48H of the Act (as the case may be), an organisation may charge an applicant who makes a request to it under section 21(1) of the Act a reasonable fee for services provided to the applicant to enable the organisation to respond to the applicant’s request.
Subregulation 2
An organisation must not charge a fee to respond to the applicant’s request under section 21(1) of the Act unless the organisation has —
provided the applicant with a written estimate of the fee; and
if the organisation wishes to charge a fee that is higher than the written estimate provided under sub‑paragraph (a), notified the applicant in writing of the higher fee.
Subregulation 3
An organisation does not have to respond to an applicant’s request under section 21(1) of the Act unless the applicant agrees to pay the following fee:
where the organisation has notified the applicant of a higher fee under paragraph (2)(b) —
if the Commission —
has reviewed the higher fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or
has reviewed the higher fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or
if sub‑paragraph (i) does not apply, the higher fee notified under paragraph (2)(b);
where sub‑paragraph (a) does not apply and the organisation has provided the applicant with an estimated fee under paragraph (2)(a) —
if the Commission —
has reviewed the estimated fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or
has reviewed the estimated fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or
if sub‑paragraph (i) does not apply, the estimated fee provided under paragraph (2)(a).
Subregulation 4
To avoid doubt, an organisation must not charge the applicant any fee to comply with its obligations under section 22(2) of the Act.