How to Challenge a Refusal
Where the organisation refuses a request in whole or in part, the response tells the person they can seek a remedy from the Information Commissioner's Office or a court.
Intent
A person told no needs to know they can take it further. Left unsaid, a refusal reads as final.
How to test it
An assessor scores the criterion against a single response:
- Score 2
- The response tells the person they can seek a remedy from the Information Commissioner's Office or a court.
- Score 1
- The response names either the Information Commissioner's Office or a court, but not both.
- Score 0
- The response refuses the request without saying the person can seek a remedy.
- Not applicable
- The organisation did not refuse the request in whole or in part.
The law it reflects
This criterion reflects Article 12(4) of the UK GDPR. That mapping is a guide, not a legal test: conformance is judged against the criterion, not the article.
See H2 in context in the full standard.