by omitting or deleting the names or other identifying particulars of the other
individual.
(8) For the purposes of subsection (4)(b), to determine whether it is
reasonable to comply with the request without the consent of the other
individual concerned, regard shall be had in particular, to
(a) any duty of confidentiality owed to the other individual,
(b) any steps taken by the data controller to seek the consent of that
other individual,
(c) whether the other individual is capable of giving consent, and
(d) any express refusal of consent by the other individual.
(9) An individual who makes a request under this section may specify
that the request is limited to personal data of any description.
(10) Subject to subsection (5), a data controller shall comply with a
request under this section promptly and in any event within forty days from the
date of receipt of the request.
(11) Where the commission is satisfied on the application or a
complainant in relation to matters under subsections (1) to (10) that the data
controller has failed to comply with the request, the Commission may order the
data controller to comply with the request.
(12) The obligation imposed on a data controller to provide the data subject
with information under section 20 to 26 is fulfilled by supplying the data subject
with a copy of the data in permanent form.
(13) Where a data controller has previously complied with a request by a
data subject, the data controller shall not comply with a subsequent request
which is identical or similar unless a reasonable interval has elapsed between the
time of compliance with the previous request and the making of the new request.
(14) For the purposes of subsection (13), to determine whether a request
for data by a data subject to a data controller has been made at a reasonable
interval, regard shall be had to
(a) the nature of the data,
(b) the purpose for which the data is processed, and
(c) the frequency with which the data is altered.
(15) The data which is supplied pursuant to a request may take into account
an amendment or deletion made between the time of the request and the time
when the data is supplied.
(16) For the purposes of this section another individual may be identified
from the data disclosed if that individual can be identified
(a) from that data, or
(b) from that data and any other data which in the reasonable
belief of the data controller are likely to be in, or come into