Section 135 — Data Protection Act 2018: Manifestly unfounded or excessive requests by data subjects etc

Manifestly unfounded or excessive requests by data subjects etc 135 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. 1 ... The Commissioner may—

a charge a reasonable fee for dealing with the request, or b refuse to act on the request. 1A In subsection (1)—

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 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.

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. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.