Section 53 | Manifestly unfounded or excessive requests by the data subject

(1)Where a request made by a data subject under or by virtue of any of sections 45, 46, 47, 50C or 50D is manifestly unfounded or excessive, the controller may—^F1

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

(b)refuse to act on the request.

(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 (1) is manifestly unfounded or excessive, it is for the controller to show that it is.^F2

(4)The Secretary of State may by regulations specify limits on the fees that a controller may charge in accordance with subsection (1)(a).

(4A)The Secretary of State may by regulations—^F3

(a)require controllers of a description specified in the regulations to produce and publish guidance about the fees that they charge in accordance with subsection (1)(a), and^F3

(b)specify what the guidance must include.^F3

(5)Regulations under this section are subject to the negative resolution procedure.^F4

(6)If, in reliance on subsection (1)(b), the controller does not take action on the request, the controller must inform the data subject of—^F5

(a)the reasons for not doing so, and^F5

(b)the data subject’s right to lodge a complaint with the Commissioner.^F5

(7)The controller must comply with subsection (6)—^F5

(a)without undue delay, and^F5

(b)in any event, before the end of the applicable time period (as to which see section 54).^F5