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Information that will NOT be released on a Subject Access Request

Barred Information

Your employer does not have to provide data for the following types of subject access request:

  1. Personal data provided arising as part of legal proceedings. For example, advice given to your employer by a lawyer. This would be bound by legal professional privilege and is exempt from release (DPA 2018 Schedule 2, paragraph 19).
  2. A confidential job reference given (or to be given) in confidence for employment, training or educational purposes. The exemption covers the personal data within the reference whether processed by the reference giver or the recipient (DPA 2018 Schedule 2, paragraph 24).
  3. Personal data related to management forecasting or management planning where releasing the information would prejudice the business (DPA 2018 Schedule 2, paragraph 22).
  4. Personal data about negotiations between an employer and employee if release of the information would prejudice negotiations (DPA 2018 Schedule 2, paragraph 23).
  5. Schedule 2 DPA 2018 lays out further grounds for refusal which are related to regulatory functions, judicial appointments and proceedings, the honours system, criminal investigations, tax collections and corporate finance.

If the information is relevant to your subject access request, you can ask your employer to redact the exempted part.

Updated: 07/04/2020



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