Guide · Data & Privacy

SAR deadlines

The one-calendar-month rule, identity checks, clarification, extensions and weekend/bank-holiday roll-forward.

The usual SAR deadline is one calendar month - but the start date and any pause or extension must be calculated correctly.

Current ICO guidance says an organisation must respond without undue delay and normally within one calendar month. The period begins when the organisation has what it reasonably needs to start the clock: the request and, where legitimately required, identity information or other information that the law allows to affect commencement.

The DUAA also permits a controller to stop the clock when clarification is reasonably required to respond to a SAR. The clock pauses when clarification is requested and resumes under the current statutory/ICO rules when the clarification is received.

Key points

  • One month means a calendar month, not 30 days.
  • If the corresponding date does not exist in the next month, the deadline is the last day of that month.
  • If the end date falls on a weekend or bank holiday, current ICO guidance moves it to the next working day.
  • A complex or numerous request can be extended by up to two further months, but the organisation must tell you within the first month and explain the extension.
  • A clarification request must be reasonably required; it is not a general licence to pause every broad SAR.

Calendar-month calculation

A request received on 3 September is ordinarily due by 3 October. A request received on 31 January reaches the last day of February because there is no 31 February. Keep the actual receipt time because “sent” and “received” can differ for post or portals.

Identity checks

If the organisation reasonably needs further information to verify identity, the response period does not run in the same way until that information is received. The request for ID should itself be proportionate and made promptly, not used late in the process to manufacture extra time.

Clarification and stopping the clock

Under the DUAA changes, the organisation can ask for clarification where it is reasonably required to respond. It cannot force you to narrow the request merely because it is inconvenient. If you repeat or maintain the request, the organisation still needs to conduct the reasonable and proportionate searches required by law.

Extensions

The maximum ordinary extension is two additional months where necessary because of complexity or the number of requests. Workload, staff shortage or a generic “large organisation” explanation is not automatically the same as statutory complexity.

In practice

  • Keep a deadline record that shows request receipt, ID requests, clarification, extension notice and final response.
  • If the organisation claims an extension, ask what made this particular request complex or numerous.
  • If it requests clarification, answer what is reasonable while recording whether the clarification was genuinely necessary.

Evidence worth keeping

Original request date
Acknowledgement date
Date any ID was requested and supplied
Date clarification was requested and answered
Any extension notice and reason
Date the final response/disclosure arrived