Free tool

When is it due? Access requests and breach reports

The last day to answer a subject access request, counted the way EU law counts a month, and the time a breach report to the Data Protection Commission is due.

A subject access request

Somebody asked for a copy of the personal data you hold on them. Enter the day the request reached you, by any of your usual channels.

A personal data breach

Enter when you became aware of it, in Irish time: when you had a reasonable degree of certainty that personal data was lost, seen or changed by someone who should not have it.

Free, no account, and nothing you type leaves your browser.

How it works

Article 12(3) of the GDPR gives you one month from receipt to answer an access request, and lets you extend that by two further months where the request is complex or one of many. The European Data Protection Board says the month is counted under Regulation 1182/71, the EU's rule for periods and dates. In its own examples, a request received on 5 March is due by the end of 5 April, one received on 31 August is due by 30 September because September has no 31st, and a deadline that falls on a weekend or a public holiday moves to the next working day.

The calculator applies those rules with Ireland's public holidays, from the list Citizens Information publishes and, for later years, from the same rules that list follows. The extension can be read two ways, three months from receipt or two months from the end of the first, and where they give different dates it shows the earlier one.

For a breach, Article 33(1) says not later than 72 hours after becoming aware of it. The calculator adds exactly 72 hours, in Irish time, across a change of the clocks if there is one. The Board's guidelines say you become aware when you have a reasonable degree of certainty that a security incident has compromised personal data.

What it cannot tell you

  • The clock for an access request can pause while you confirm who is asking, if you ask without delay (the Board's guidelines, paragraph 159). The calculator counts from the day you enter.
  • Not every breach has to be reported: only one likely to put people at risk. The calculator gives the deadline if it does; our guide to the first 72 hours covers the decision.
  • It is general information about how the periods are counted, not legal advice on a particular request.

Sources

  1. 1.Regulation (EU) 2016/679 (GDPR), Articles 12(3), 33 and 34 · EUR-Lex, Publications Office of the European Union
  2. 2.Guidelines 01/2022 on data subject rights: right of access, version 2.0, paragraphs 159 to 164 · European Data Protection Board
  3. 3.Guidelines 9/2022 on personal data breach notification under GDPR, version 2.0 · European Data Protection Board
  4. 4.Regulation (EEC, Euratom) No 1182/71 determining the rules applicable to periods, dates and time limits, Article 3 · EUR-Lex, Publications Office of the European Union
  5. 5.Public holidays · Citizens Information

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