A Data Subject Access Request (DSAR) is your legal right to ask an organisation for a copy of all the personal data they hold about you.

How long should a DSAR take?

Organisations normally have one calendar month to respond to a DSAR, though this can be extended by a further two months for complex requests.

Can call recordings be requested?

Yes. Call recordings are considered personal data and must be provided if you request them, assuming they have not been routinely deleted.

What if data is missing?

First, ask the organisation why it is missing. They must either provide it, confirm it was deleted according to their retention policy, or cite a valid legal exemption.

Can missing data help my complaint?

Yes. If an organisation conveniently 'loses' evidence that you claim proves your case, an ombudsman or judge may draw adverse inferences against them.

Procedural Insight

How Do I Complain To The ICO About Missing Data?

Understand Subject Access Requests, missing data complaints and how to escalate to the ICO.

The Direct Answer

You may be able to complain to the ICO if an organisation fails to respond properly to a data request, withholds information without proper explanation or loses important personal data. Before complaining, it is usually sensible to ask the organisation to explain what has happened.

Detailed Explanation

The Information Commissioner’s Office (ICO) is the UK's independent authority set up to uphold information rights. If an organisation fails to respond to a Data Subject Access Request (DSAR), withholds information without citing a valid legal exemption, or loses your personal data, you can escalate the matter to the ICO.

Data access is often critical in disputes. Missing call recordings or internal emails can severely hamper your ability to prove unfair treatment by a lender or employer. Before going to the ICO, you must first write to the organisation, identifying exactly what data you believe is missing, and give them a final opportunity to provide it or explain why it has been withheld.

When complaining to the ICO, you must provide copies of your original DSAR, the organisation's incomplete response, and your follow-up correspondence. While the ICO rarely awards compensation directly, a ruling from them stating that the organisation breached data protection laws can be powerful leverage in a wider dispute, such as at a tribunal or ombudsman.

Common Mistakes

When dealing with complex procedures, panic or lack of clarity can lead to errors. Here are the most common mistakes people make:

Not keeping copies of the original requests
Not specifically identifying what data is missing
Complaining to the ICO before asking the business for clarification
Not linking the missing data to harm or unfairness in a wider dispute
Waiting too long to escalate to the ICO

Readiness Checklist

Preparation Checklist

Track your progress before taking action.

Did you submit a formal DSAR?

Do you know the exact date it was sent?

Have you identified exactly what is missing?

Did you ask the organisation to explain the omission?

Is the missing data important to your primary dispute?

Frequently Asked Questions

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Article Author

Jeff Harris

Senior Adviser, Litigancy

Over 35 years' experience across finance, business, property and complex disputes. Today Jeff combines real-world experience with Alfred to help people understand complicated situations and make better decisions.

Published: January 2024•Updated: June 2024