Subject Access Requests (SARs) are becoming an increasingly demanding area of compliance for barristers and chambers.
In recent years, requests have become more frequent, more detailed and disputes over disclosure have become more complex, meaning that responding appropriately has now become a much bigger task for the barrister or chambers in question.
At Briefed, we have seen a notable increase in requests for support from barristers and chambers dealing with SARs. Our experience reflects a wider challenge facing legal teams: how to meet individuals’ data access rights while protecting privileged material, safeguarding third-party information and managing requests before they can develop into prolonged disputes.
AI has changed the nature of incoming requests
Generative AI is making it much easier for individuals to produce lengthy, structured correspondence setting out detailed demands and legal arguments. While this can help people understand and exercise their rights, it can also increase the work required to assess what has been requested and how an organisation should respond.
A recent report by Dentons, From AI Adoption to AI Advantage, highlights the growing use of AI-assisted drafting in subject access requests and other correspondence. Based on interviews with senior in-house lawyers at numerous international companies, the report identifies the additional volume and complexity of material that legal teams must assess.
In the legally sector generally, The Information Commissioner’s Office (ICO) received 42,315 data protection complaints in 2024/25, up from 39,721 in 2023/24. Complaints concerning the right of access accounted for most of its data protection complaints work. These figures do not measure SAR volumes directly, or establish how much of the increase is attributable to AI, but they underline the growing demand on the UK’s data protection regulator.
Why SARs can be particularly challenging for chambers
A SAR gives an individual the right to access their personal data held by an organisation. In practice, requests received by barristers and chambers can extend well beyond straightforward administrative records, seeking correspondence, attendance notes, case assessments, internal communications, copies of skeletons and notes taken by counsel, emails and other materials.
The difficulty is that a right to access personal data does not entitle the requester to every document in which that data appears. Responses may require careful consideration of legal professional privilege, third-party personal data and other applicable exemptions. Chambers must also establish who is responsible for responding, which may depend on whether the barrister or chambers is acting as the relevant data controller.
A key misconception is that the work is done when disclosure is provided. Requesters increasingly challenge the completeness of a response, seek further searches or submit additional requests concerning the same material. What begins as a data access exercise can consequently develop into a wider complaints-handling issue. Introduced in June 2026, data subjects now also have a freestanding right to complain to the controller about the handling of their personal data, including in SARs. Our firsthand experience suggests clients are only too enthusiastic to exercise this right in addition to the SAR.
Our experience in recent months & years
Across the SAR matters we have supported, several recurring challenges have emerged.
In one case, a barrister responding to a former client’s request had relied on legal professional privilege to withhold material too broadly. Following regulatory scrutiny, Briefed was brought in to advise on the appropriate application of exemptions.
The case demonstrated why exemptions must be assessed against the particular information being withheld, rather than applied across an entire file.
Other matters have involved requests arising from family litigation and employment tribunal proceedings, where extensive searches produced substantial volumes of correspondence and case-related material.
In these situations, our support has included assessing the scope of the request, reviewing proposed disclosures and distinguishing personal data that should be provided from privileged material that could properly be withheld.
We have also advised chambers dealing with repeated challenges to the completeness of disclosures, allegations that information has been omitted, and demands for further responses after an initial SAR has been completed. In some cases, the issues have expanded to include complaints, rectification requests and threatened escalation to the ICO.
These experiences show that the challenge with subject access requests often comes from determining what must be disclosed, establishing the correct legal basis for withholding material and knowing how to respond when a dispute continues beyond the initial request.
Managing SARs effectively
Chambers should have a clear process for recognising, recording and responding to SARs, with responsibility assigned to appropriate individuals and deadlines monitored from the outset. Requests should be assessed on their individual circumstances, including their scope, the searches required and any applicable exemptions.
Under the UK GDPR, organisations generally have one month to respond, although an extension of up to two additional months may be available where a request is complex or multiple requests have been received from the same individual. Any extension must be communicated within the initial month.
A request’s length or use of AI does not, by itself, justify refusing it. Where requests become repetitive, contentious or unusually complex, specialist advice can help chambers establish their obligations, protect information that should not be disclosed and respond consistently.
How Briefed can help
Briefed supports barristers and chambers with SAR responses, across assessing the scope of a request, reviewing proposed disclosures, advising on exemptions, response strategies and subsequent challenges.
We can advise chambers on how to manage the process efficiently, reduce unnecessary administrative burdens and limit the risk of regulatory scrutiny.
To find out how Briefed can support your chambers, visit getbriefed.com/advisory or contact us through getbriefed.com/contact.