Q:Upon receipt of a data access request, a government department will issue a demand note to the requestor if a fee is imposed. After the fee has been paid, the department will comply with the data access request. According to the Ordinance, a data user shall comply with a data access request not later than 40 days after receiving the request.
If the fee is paid just before the 40-day time limit exceeds, the department may not have sufficient time to handle the request within the remaining period. How should the department do?
A: According to the Ordinance, a data user shall comply with a data access request not later than 40 days after receiving the request. Moreover, a data user is permitted to impose a fee, which is not excessive, for complying with a data access request. If the fee has not been paid, the data user may refuse to comply with the request.
In an appeal about a data access request, the Administrative Appeals Board ruled that "..."to comply with the request" must mean to supply the requested data in the DAR...An acknowledgement of receipt of the DAR or the issue of a notice of demand for a fee, without more, is insufficient to discharge that obligation...After all, the purpose of prescribing the 40 day period is to enable the requested data to be supplied to the requestor without delay. "
If the department is unable to comply with the data access request within the 40-day period, it shall inform the requestor of the reasons for non-compliance in writing within that period. The department shall, as soon as practicable after the expiration of that period, fully comply with the request.