Guide

Answering a subject access request without disclosing other people

A person who asks for their data is entitled to a copy of it. The other people named in the same documents are entitled to stay out of it.

Updated

In short

  • The GDPR gives everyone a right of access to their data, with a copy (article 15).
  • The answer is due within one month, extendable by two months for complex or numerous requests.
  • The copy must not adversely affect the rights and freedoms of others: their data is masked.
  • Keep a record of what was sent and what was masked, without the masked values.

What the person can ask for

Under article 15 of the GDPR, a person can ask any organisation that processes their data whether it does, and receive a copy of that data with information about its use: purposes, recipients, retention period and source. Employees, former employees, customers, patients, tenants and users all make such requests.

The copy is often made of documents: e-mails, reports, minutes, contracts, files. Those documents rarely mention only the person asking.

The time limit

The answer is due without undue delay and within one month of receiving the request. The time limit can be extended by two further months when the requests are complex or numerous, provided the person is told within the first month, with the reasons. Masking dozens of documents takes time: start early.

Why other people's data is masked

Article 15(4) states that the right to obtain a copy must not adversely affect the rights and freedoms of others. Colleagues, other customers, witnesses and family members named in the documents have their own rights. Their data is therefore masked, unless they agreed to its disclosure or it is already known to the person asking.

Masking is not a reason to withhold a document: the document is sent, with the other people's data removed. The assessment of what may be disclosed belongs to the organisation, often with its data protection officer.

Step by step

  1. Confirm the identity of the person asking, without asking for more than needed.
  2. Search every place their data may be: mailboxes, shared drives, business software, paper archives.
  3. Keep the documents that concern them and set aside duplicates.
  4. In each document, mask the data of other people: names, contact details, identifiers, and what identifies them indirectly.
  5. Mask what another rule protects: trade secrets, legal privilege, the content of ongoing investigations, according to your assessment.
  6. Check each redacted copy before it leaves: the masked text must not be recoverable.
  7. Send the copies with the information on processing required by article 15.
  8. Keep a record: the request, its date, the documents sent and what was masked.

What is easy to miss

  • E-mail headers: other recipients in copy, signatures, quoted replies further down the thread.
  • Indirect identifiers: "the manager of the Lyon team" points to one person once the name is gone.
  • Attachments, comments and the metadata of each file.
  • Scanned pages, whose text cannot be searched until it is read by OCR.
  • A black box drawn over a name, which leaves the name in the file.

Preparing the copies with Obscelis

Obscelis finds the names, addresses, e-mail addresses, phone numbers and identifiers in each document. You keep the data of the person asking, mask the others with one decision for every occurrence of the same value, and draw zones over signatures or handwriting.

Everything runs on your computer: the documents of a request never go to a third-party service. Each copy is exported next to the original and reread before it is published. With the Pro and Team plans, an audit report records the checks performed and the categories masked, without any masked value, and a whole project is exported in one go.

Questions

Can we refuse to send a document because it names other people?

Generally not: the usual answer is to send the document with the other people's data masked. Refusing a document outright needs a specific reason, which the organisation assesses and should be able to explain.

Should the names of employees who handled the file be masked?

It depends on the context and on your organisation's assessment: the name of a person acting in their professional role is not handled like that of a private third party. Decide on a rule before you start, and apply it the same way to every document.

Does masking the documents make the answer compliant?

Masking is one part of the answer, not the whole of it. The completeness of the search, the time limit, the information sent with the copy and the lawfulness of each disclosure remain the organisation's responsibility. No tool settles them on its own.

What about requests outside the European Union?

The United Kingdom keeps a similar right in the UK GDPR, and other laws give comparable rights. Their time limits and exceptions differ: check the rules that apply to you.

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