First Choice Selection Services Ltd (First Choice) were sent a subject access request by a data subject who was bringing an employment tribunal claim. First Choice stated they would not respond to the request until the tribunal told them to do so. Even after the data subject complained to the Information Commissioner’s Office (ICO), First Choice maintained to the ICO that they could not yet respond to the request.
However, the tribunal stated it did not have the jurisdiction to deal with the disclosure of personal data under a subject access request.
Following First Choice’s failure to comply with the subject access request, the ICO issued an enforcement notice requiring them to respond to the request, and to change its practice to ensure it properly responds to future subject access requests.