The many privacy laws implemented in different jurisdictions worldwide clearly spell out the right of consumers to access or legally claim their data. Gartner predicts that by 2023, 65% of the global population will be subject to a similar data privacy law.
One facet of this shift in emphasis toward data access is the introduction of Data Subject Access Requests (DSARs) DSAR management. For instance, there are eight individual rights under the General Data Protection Regulation (GDPR), eight under the California Consumer Privacy Act (CCPA), and nine under Brazil’s General Data Protection Law (LGPD).
In a nutshell, DSARs are data subject requests for a complete account of personal data collected, used, and stored by an organization when they visit their website. Here is a look at what you would find in a DSAR management platform, tips for efficiency, and DSAR management exemptions.
Most DSARs ask for a copy of the data you’ve collected about the subject in question. In some instances, the individual may only want limited access to information, but in other cases, they may want full disclosure.
In either case, you must give the data subject access to any information that pertains to their request. What is included in DSAR management:
Verification that your company handles their private information
Details of the rights to erasure, rectification, and processing restriction
Access their personal data
Any third parties with your organization shares subject data
Reasons for processing individuals’ personal data
Personal data collection methods and sources
Details on how long you will store personal data
Overwhelmingly, 94% of customers want more access to and the ability to manage the personal data they provide to businesses. DSAR management can get tricky as requests get nuanced and sophisticated. Below are some tips that can help you enhance your organization’s DSAR management:
It would be best to address all DSARs, something you need to drum into your personnel. If your company receives a DSAR, you will want to have a plan for who should be informed and, if they are responsible for responding, how they should handle the request. DSAR management personnel with pivotal roles must receive training on these issues.
Occasionally, a data subject will not believe they’ve received a satisfactory response to their DSAR, and they have the right to file a complaint with a court or tribunal. If they do, you will want to show that you took action in response to the DSAR to reduce the chances of receiving penalties—that is where the audit trail comes in handy.
A transparent DSAR management process is crucial as it helps save time, as time is of the essence when handling DSARs. To respond to requests in a timely and complete manner that meets the standards of applicable data privacy laws like the GDPR or CCPA, you may find it helpful to draft a standard operating procedure (SOP) or process flowchart.
Platforms explicitly designed for DSAR management can be useful, as they typically include technological features that facilitate the execution of searches, identification of relevant documents, and performance of redactions. That is especially helpful for large DSARs that can become unmanageable on an organization’s standard IT infrastructure.
Sometimes the DSAR management personnel can receive too many requests at a go or complex and time-consuming requests. You should ensure that all your staff who need to help with information collection are aware of their role and, in particular, the need to set priorities.
Most data privacy laws allow requests so long as they do not compromise the rights or freedoms of others.
When your DSAR management department receives an initial set of findings that includes the subject’s personal data, analyze the information to determine if any parts need redacting. It is especially important to redact confidential information or other people’s personal details before sending the response to the individual.
If your company has a massive amount of data at its disposal, reviewing, redacting, and disclosing requests will be a nightmare for your DSAR management system. That is especially true when dealing with manned staff DSAR management, which typically entails sifting through copious volumes of unstructured data.
When individuals send their requests, they always have a specific goal. They have a higher chance of getting the data they want if you ask them to narrow the scope of their request.
Further, it will save time and energy responding to the DSAR and won’t have to start over if your response doesn’t satisfy the data subject. It is important to remember that DSARs only cover requests for access to personal data, not business records.
GDPR requires you to fulfill DSARs within 30 days of receiving them. The law will also give you a 60-day extension to the set deadline when an access request is complicated, or the same user sends multiple requests. You will still have 30 days to notify requesters that you intend to use the two-month extension.
Under CCPA, you have 45 days to provide customers with the requested information. In the case of problematic requests, CCPA, like the GPDR, provides for a one-time extension. Within 90 days of receiving the first request, you get a maximum extension of 45 days.
During a DSAR response, avoid doing anything that could lead to a data breach. The DSAR management personnel can communicate with the recipient beforehand to choose the best method of sending the information to ensure success. As important as it is to deliver securely, you shouldn’t make it too complicated for the recipient to utilize the received data.
Sometimes, you can have a DSAR management planning exemption, especially if you cannot fulfill a customer’s request because of exceptional circumstances or other limitations.
Even so, the data subject should still receive a response explaining why you could not fulfill the request and what recourse they may have, such as filing a complaint with a local data protection authority. Some of the DSAR management planning exemptions may include the following:
Manifestly unfounded request: In DSAR Management, this is the case where the data subject has no legitimate interest in exercising their right of access or if their only goal in making the request is to inflict damage.
Excessive request: The DSAR in this scenario is manifestly unreasonable and out of proportion to the associated costs and hassles.
Many businesses are increasingly finding it challenging to respond to the growing number of requests from individuals seeking access to their personal information as public knowledge of data privacy laws increases.
Organizations without DSAR management systems have their image at risk. If you ignore customer service requests, you could face fines and a loss of reputation, which could mean losing business.
Thankfully, you can easily fulfill your obligations as a company under different data privacy laws, such as GDPR, CCPA, and LGPD, with our Adzapier DSAR management solution. The tool will allow you to locate sensitive information and proactively handle access requests.
Adzapier DSAR management platform features include dynamic online forms, automated request intake, smart metrics, and streamlined DSAR data finding.
Any information obtained from the Adzapier website, services, platform, tools, or comments, whether oral or written, does not constitute legal or regulatory advice. If legal assistance is required, users should seek legal advice from an attorney, a lawyer, or a law firm.