Section 135 | Manifestly unfounded or excessive requests by data subjects etc

(A1)This section makes provision about cases in which a request made to the Commissioner, to which the Commissioner is required or authorised to respond under the data protection legislation, is manifestly unfounded or excessive.^F1

(1)... The Commissioner may—^F2

(a)charge a reasonable fee for dealing with the request, or

(b)refuse to act on the request.

(1A)In subsection (1)—^F3

(a)the reference in paragraph (a) to charging a reasonable fee is, in a case in which section 134 is relevant, a reference to doing so under that section, and^F3

(b)paragraph (b) is not to be read as implying anything about whether the Commissioner may refuse to act on requests that are neither manifestly unfounded nor excessive.^F3

(2)An example of a request that may be excessive is one that merely repeats the substance of previous requests.

(3)In any proceedings where there is an issue as to whether a request described in subsection (A1) is manifestly unfounded or excessive, it is for the Commissioner to show that it is.^F4

(4)Repealed^F5

(5)Article 57(3) of the UK GDPR (performance of Commissioner’s tasks generally to be free of charge for data subject) has effect subject to this section.^F6