Section 75 introduces new subsection 4A into section 53 of the DPA 2018. Section 53(1) previously provided controllers operating under Part 3 of the DPA 2018 the option to refuse to respond to, or charge a reasonable fee for responding to, requests from data subjects which are determined to be manifestly unfounded or excessive. New subsection 4A provides the Secretary of State with a regulation making power to require controllers to publish guidance on the fees they charge for responding to such requests. This mirrors the power available for general processing under section 12(2) of the DPA 2018.
	Section 75 also introduces new subsections (6) and (7) in section 53. These new subsections clarify that, when refusing to respond to a data subject request that is manifestly unfounded or excessive, controllers must inform the data subject of the refusal and the data subject’s right to complain to the Information Commissioner. They also confirm that this notification must happen without undue delay.
Part 5: Data Protection and Privacy Data subject’s rights Section 75: Fees and reasons for responses to data subjects’ requests about law enforcement processing