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

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
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