How to Build a DSAR Response Team Within Your Organisation

Data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, have put individuals’ rights at the forefront of data handling practices. One of the core rights provided by GDPR and similar legislation is the right to access personal data. This means that individuals, or “data subjects”, can request to see what data an organisation holds about them and how it is used. Such requests are known as Data Subject Access Requests (DSARs).

Organisations must respond to DSARs promptly, generally within a month, making the establishment of a competent DSAR response team a critical element of compliance with data protection laws. Failure to respond to DSARs in an accurate and timely manner can result in penalties, regulatory investigations, and damage to the organisation’s reputation.

In this article, we will explore how to build an effective DSAR response team within your organisation. We’ll cover the roles and responsibilities, training and tools required, and the operational processes that ensure compliance with DSAR obligations.

Table of Contents

Understanding DSARs and Their Importance

What is a DSAR?

A DSAR is a formal request made by an individual to access the personal data held by an organisation. This request can include information about:

The personal data held by the organisation.
The purposes for which this data is processed.
Who has access to the data and how long it is stored.
The data’s source, if it wasn’t collected directly from the individual.
Whether the data has been transferred to third countries or international organisations.

Under GDPR, organisations have 30 calendar days to respond to a DSAR. However, given the complex nature of such requests, organisations are allowed a two-month extension for particularly intricate cases, provided the data subject is informed of the delay.

Why Building a DSAR Response Team is Crucial

Organisations collect vast amounts of data across multiple departments. For large enterprises, a DSAR can involve reviewing personal data across multiple databases, applications, and possibly even physical records. This complexity highlights why an ad-hoc approach to DSAR management is insufficient and can lead to risks of non-compliance.

By establishing a formal DSAR response team, organisations can ensure:

Consistency in responding to requests.
Efficiency in managing data collection and review processes.
Compliance with legal deadlines and regulations.
Accuracy in the data provided to the data subject.
Risk mitigation by ensuring that sensitive or irrelevant data is not inadvertently disclosed.

Step-by-Step Guide to Building a DSAR Response Team

Step 1: Designate Key Roles and Responsibilities

The first step in building a DSAR response team is identifying the people who will be responsible for handling DSARs. This team must have clear roles and responsibilities to ensure smooth operation. Here’s a breakdown of some key roles:

1. Data Protection Officer (DPO) or Privacy Officer

A Data Protection Officer (DPO) is required under GDPR for organisations engaged in high levels of personal data processing. Even if your organisation is not legally required to have a DPO, appointing someone to this role can be beneficial. The DPO ensures that the organisation complies with data protection regulations, oversees the DSAR response team, and acts as the primary point of contact for the requestor and the supervisory authorities.

2. DSAR Response Manager

The DSAR Response Manager is responsible for the day-to-day management of DSARs. They act as the team leader, coordinating activities across various departments, ensuring timely responses, and serving as a liaison between internal stakeholders and the data subject.

3. Data Handlers

These are individuals from departments across the organisation who are responsible for gathering personal data in response to a DSAR. They could be from IT, HR, legal, or customer service, depending on where the personal data resides. They provide the DSAR response manager with the necessary data for review.

4. Legal and Compliance Teams

These teams provide crucial support in interpreting legal requirements and ensuring that the DSAR process complies with applicable laws. They also review the gathered information to ensure that it is relevant and does not include sensitive data not requested by the data subject.

5. IT and Security Teams

Given the volume and complexity of personal data stored in digital form, IT and security teams play a vital role in searching and securing the data. They help ensure that no personal data is omitted, and they assist in maintaining data integrity throughout the DSAR response process.

6. Customer Support or Communications Team

If your organisation receives DSARs from consumers or customers, a customer support or communications team member should be included in the team. This role ensures that responses are delivered clearly and professionally, maintaining a positive relationship with the requestor.

Step 2: Develop a DSAR Handling Procedure

Once the key roles are assigned, it’s essential to create a standard operating procedure (SOP) for managing DSARs. This procedure must ensure that every DSAR is handled consistently, promptly, and accurately.

1. DSAR Submission Process

Make sure that individuals know how they can submit a DSAR. This could be through a dedicated email address, an online portal, or even via post. The method should be easy to access and compliant with legal requirements, ensuring it accommodates requests from a variety of individuals, including those with disabilities.

2. Verification of Identity

Before fulfilling a DSAR, you need to verify the identity of the requestor. Failing to do so could lead to personal data being shared with unauthorised individuals. A simple, standardised process should be put in place to verify identity, such as requesting copies of identification documents or using multi-factor authentication.

3. Record Keeping

It is critical to keep detailed records of every DSAR, from the initial receipt of the request to the final response. These records will serve as evidence of compliance in case of an audit by data protection authorities.

4. Initial Evaluation

Once a DSAR is received and the identity of the requestor has been verified, the DSAR Response Manager must conduct an initial evaluation. This includes determining:

Whether the request is valid.
What data the requestor is asking for.
Whether any exemptions apply (e.g., legal privilege or trade secrets).
Whether the scope of the request needs to be clarified with the data subject.

5. Data Collection and Review

Data handlers across the relevant departments will gather the personal data. This might include emails, call records, customer databases, HR files, and more. Once collected, the data must be reviewed by the DSAR Response Manager and legal teams to ensure that:

Only personal data is included.
Sensitive information (such as data about third parties) is appropriately redacted or excluded.
Any applicable exemptions are applied correctly.

6. Response Preparation and Delivery

The response to the DSAR should be clear, concise, and complete. It should include:

A copy of the requested personal data.
A description of the purposes for which the data is processed.
Information on the recipients of the data and any transfers to third countries.
Details on how long the data is retained and the legal basis for processing.
Information on the individual’s right to rectify or erase data, restrict processing, or lodge a complaint with a supervisory authority.

The response must be provided in a secure manner, ensuring that sensitive data is protected during transmission. Consider using encrypted email or secure data portals to minimise the risk of data breaches.

Step 3: Implement Robust Training Programmes

Training is an essential component of building a DSAR response team. Without proper knowledge, even well-intentioned employees may make mistakes that could lead to compliance failures. The training programme should cover the following areas:

1. Data Protection Laws and Regulations

Every team member should have a basic understanding of GDPR, the UK Data Protection Act, and any other applicable regulations. This includes knowledge of data subjects’ rights, the legal deadlines for responding to DSARs, and the consequences of non-compliance.

2. DSAR Procedures

The entire team should be trained on the DSAR handling procedure, including the verification of identity, data collection, and response preparation. This will ensure a consistent approach to managing requests.

3. Data Security and Privacy

As DSARs involve handling large volumes of personal data, team members need to be trained on data security best practices. This includes securing personal data during collection, review, and transmission, and ensuring that unauthorised access is prevented.

4. Exemptions and Legal Considerations

Legal and compliance teams should provide training on common exemptions to DSARs, such as when the data is subject to legal privilege or when disclosing data would infringe on the rights of others. Employees should know when to involve legal counsel to make these determinations.

Step 4: Invest in DSAR Management Tools

Given the complexities involved in managing DSARs, technology can play a significant role in streamlining the process. There are several tools available to assist with different aspects of DSAR management:

1. Case Management Software

Case management tools can help track DSARs from receipt to completion. They provide a centralised platform for managing deadlines, storing documentation, and assigning tasks to team members. Many case management systems also generate audit trails, providing evidence of compliance if needed.

2. Data Discovery and Retrieval Tools

One of the most time-consuming aspects of fulfilling a DSAR is finding all the relevant personal data. Automated data discovery tools can scan databases, file systems, and email archives to identify personal data quickly and efficiently. This reduces the burden on individual data handlers and ensures that no data is missed.

3. Redaction and Review Tools

To comply with privacy regulations, organisations often need to redact certain information from the data they provide in response to a DSAR. Redaction tools can automate this process, making it faster and more accurate than manual redaction.

4. Encryption and Data Transmission Tools

To maintain data security when responding to DSARs, organisations should use encryption tools to protect personal data in transit. Secure file-sharing platforms can also be used to send the data to the requestor in a way that prevents unauthorised access.

Step 5: Monitor and Review DSAR Responses

Building a DSAR response team is not a one-time effort. It is essential to continuously monitor and review the team’s performance to ensure ongoing compliance and efficiency.

1. Internal Audits

Conduct regular internal audits of DSAR responses to ensure that all steps were followed correctly and that the data provided was accurate. Audits also help identify any areas where improvements are needed.

2. Feedback Mechanisms

Establish a process for receiving feedback from data subjects about their experience with your DSAR process. This can help identify any pain points and make the process more user-friendly.

3. Legal Updates

Data protection laws are constantly evolving, and organisations must stay informed about any changes that could affect how they handle DSARs. The DSAR response team should work closely with legal counsel to ensure that the latest requirements are reflected in their procedures.

Challenges and Solutions in Building a DSAR Response Team

While building a DSAR response team offers numerous benefits, it also presents several challenges. Here’s how to address some of the most common issues:

1. High Volume of DSARs

In some cases, organisations may receive a high volume of DSARs, which can strain resources. Automating parts of the process, such as data discovery and redaction, can help manage high volumes without sacrificing accuracy.

2. Complex Requests

Some DSARs are more complex than others, especially when they involve large amounts of data or requests for information held across multiple systems. Assigning a dedicated DSAR Response Manager ensures that even the most complex requests are handled efficiently.

3. Ensuring Data Security

Handling personal data in response to DSARs introduces the risk of data breaches. To mitigate this, organisations should invest in encryption tools and ensure that all team members are trained on data security best practices.

4. Balancing DSARs with Other Priorities

Fulfilling DSARs is just one of many responsibilities for most departments involved in the response process. Creating a well-defined workflow and ensuring that team members have the tools they need can help strike a balance between DSAR responses and other tasks.

Conclusion

Building a DSAR response team within your organisation is not just a matter of regulatory compliance—it’s also an opportunity to improve your data governance and build trust with your stakeholders. A well-organised, trained, and equipped team ensures that DSARs are handled efficiently, accurately, and securely, helping your organisation maintain a positive reputation in an increasingly data-driven world.

By following the steps outlined in this article—defining roles, developing procedures, investing in tools, and providing ongoing training—your organisation can create a DSAR response team that is prepared to meet both current and future data protection challenges.