Information that is excluded from the Data Protection Act

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Certain types of information are exempt from the Data Protection Act 1998. These exemptions can be found at sections 27-29 and Schedule 7. The most important are listed as follows; 

Data processed for the purposes of national security

 

Section 28 

 

Personal data is exempt;

  • where disclosure is required by law or made in connection with legal proceedings
  • where disclosure is for the purposes of obtaining legal advice
  • where necessary for the purposes of establishing, exercising or defending legal rights
Section 35 

 

Personal data used by a person for domestic purposes.

 

Section 36 

 

If providing information would prejudice proceedings, a data controller does not have to respond to subject access requests where;

  • the data is processed for the prevention or detection of crime
  • apprehension or prosecution of offenders
  • assessment or collection of tax
Section 29 

 

A data controller does not have to respond to subject access requests if the data is processed for the purposes of discharging regulatory functions.

 

Section 31 

 

A data controller does not have to respond to subject access requests where personal data is processed only for ‘special purposes’, (journalism, literature and art).

 

Section 32 

 

A data controller does not have to respond to subject access requests if the data is processed only for research purposes.

 

Section 33 

 

A data controller does not have to respond to subject access requests if the data is information that is already in the public domain.

 

Section 34 

 

Confidential references provided by the employer in confidence for the purposes of an individual’s education, training or employment or the provision of a service by them.

 

Schedule 7, paragraph 1 

 

Management forecasting or management planning where access would be likely to prejudice the conduct of that business or other activity.

 

Schedule 7, paragraph 5 

 

Data comprising the intentions of the data controller in relation to any negotiations with the individual making the request where such access would be likely to prejudice those negotiations.

 

Schedule 7, paragraph 7 

 

Data consisting of information over which legal professional privilege could be maintained in legal proceedings.

 

Schedule 7, paragraph 10 

 

 

Case Study

It was reported by BBC Producer Oisin Tymons  lawyers on 16th February 2016 that  Jeremy Clarkson had apologised and settled the claim against him for race discrimination and personal injury.  Oisin Tymon launched the case against the TV presenter last year after an incident involving verbal abuse and Tymon ending up with a bloody lip. In his apology, released by Tymon’s lawyers Slater and Gordon, Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault. “I... Read More
Jeremy Clarkson and race discrimination
Business, Finance & Law