What is a Data Subject Access Request (DSAR)?
Data Subject Access Request or DSAR is the process wherein an individual requests an organization for his/her personal data stored or used in its possession. DSARs are one of the most critical components of current-day privacy regulations because it gives individuals the ability to understand how their data is used. For companies and organizations, DSARs can serve as a check on their existing data and privacy policies.
Even if DSARs are linked with the GDPR regulation, there is also a growing number of other privacy regimes globally that also include DSARs. In a digital world with increasing amounts of data held in multiple platforms including emails, cloud infrastructure, HR databases, customer databases, and backups, it becomes difficult to comply with these requirements.
Importance of DSARs
DSARs were established to ensure transparency for the individual requesting the data. When a person lodges a DSAR, they seek to determine what kind of data a company possesses about the individual, whether such data has been disclosed to third parties, and how decisions have been made based on it. In certain situations, a DSAR may be associated with a complaint, employment dispute, or general privacy issue.
For companies, DSARs are critical due to the fact that a poorly handled DSAR may expose flaws in the company's data management. For example, a company's inability to locate the required documents, confirm an individual's identity, or conceal third-party data may pose potential compliance issues for the organization.
The DSAR handling process
It is essential to note that a typical successful DSAR starts with intake and documentation. In this respect, the request needs to be documented immediately, including the date, channel, and specifics of the request. This helps to establish an audit trail as well as manage deadlines.
The next phase involves verifying the identification. Whenever the requester's identity causes any uncertainty, the company is expected to demand some proof of identity before disclosing any personal data to ensure that the right individual is getting the data.
Third, all the relevant personal data needs to be located. This task requires time since personal data tends to spread out across various IT resources within organizations. In addition to HR systems, individuals might be contacted via email. Personal data also tends to get stored on CRM applications, customer support platforms, clouds, and other company systems. Having collected the data, one needs to make sure that any sensitive third-party data and information not meant for public disclosure are eliminated from the collection.
Lastly, a response has to be delivered to the individual.
Common Issues
Scale is another problem. In large organizations, there may be millions of data files held in disparate systems, making the process difficult and costly. There is also the problem of scope since individuals do not always specify their requests properly. Requests could be too vague, general, or even cover more than one area of business operations.
The exemption issue is another complication. Privacy and legal considerations can compel the organization to withhold information from certain individuals or redact some documents. Thus, the process of dealing with DSAR requests is complicated, and it is much more than a simple process of searching for data files.
DSAR Best Practices
"The moment a regulator asks you to prove a single visitor consented on a single date, stored rows are not enough. Tamper-evident evidence is the difference between looking compliant and being compliant.”
-The case for provable consent
An organization must have more than an entry in its database in order to prove consent. An effective record of consent will contain time stamps, wording used during communication, status of consent, origin of request, and updates throughout time. The audit trail is an additional element, indicating when consent was obtained, updated, or revoked.
A good approach to handling DSARs involves having a set procedure before the DSAR even comes up. A company should set up a central intake process, assign owners, and map out their internal responsibility regarding this matter. Employees need training to know what a DSAR looks like, even when it is not phrased in official language.
Automation also plays an important role in handling DSARs. Privacy tools can assist with data discovery, case management, redaction, and tracking deadlines, thus eliminating some manual tasks for the employees involved. An equally critical step involves creating a complete log of all requests, responses, extensions, and exemptions. This becomes crucial when an organization has to prove its compliance with relevant legislation.
Organizations should also conduct periodic reviews of where they store personal data. Old data maps complicate DSAR processing. Maintaining proper data hygiene simplifies and speeds up this task.
Why it’s important right now
The trend towards DSARs is part of the evolving state of privacy expectations. More individuals expect transparency, and regulators demand accountability. There is an expectation to respond effectively and appropriately to these requests in a timely fashion. As our data ecosystems evolve and become more complex, managing DSARs becomes an essential part of privacy preparedness.
Because of this fact, DSAR handling can no longer be considered a discrete and occasional legal requirement. Rather, it is one aspect of your overall privacy program that incorporates governance, security, retention, and incident management. Companies who develop robust DSAR strategies will often be better equipped to handle other privacy and security related issues.
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This article was prepared as part of content created for ConsentX and IntelligenceX.
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