Data Protection Act UK exemptions // IT Management Solutions

Data Protection Act UK exemptions

The UK s data privacy watchdog

Data controllers can withhold certain kinds of exempt information from you - the main exemptions are set out below. One of the weaknesses of the DPA is that you need not be told whether exempt information has been withheld. You have no right to be told whether you have been given access to the full file or only an edited version. You may even get a deliberately ambiguous reply to your request, such as ‘We hold no data on you, which we are required to disclose to you.’ This could mean that no information is held on you, or that there is a file, but everything in it is regarded as exempt.

Nevertheless, it is worth asking if anything has been held back: it may be difficult for the person involved to evade a direct question. If you suspect you have been refused access to information that is not genuinely exempt you can ask the Information Commissioner to investigate.

The main exemptions apply to:

Personal Information about Someone Else

This will not normally be released to you without that person’s consent. However, the DPA does allow such information to be disclosed without consent if this is reasonable in all the circumstances. In deciding whether it is reasonable, the controller must consider in particular whether a duty of confidentiality is owed to the other person, what efforts have been made to obtain the person’s consent, and whether the person is capable of giving consent or has expressly refused it.

If the information can be disclosed to you in a way that does not identify the individual - for example, by deleting the name of the individual or other identifying features - then you are entitled to it.

Information Identifying Someone who has Supplied Information about You

It is not enough for the data controller to suspect that you might be able to identify the individual concerned. The information must itself be enough to identity the person. The information someone else supplies about you is not exempt - unless its disclosure would in itself identify who had supplied it.

Only identifiable individuals, not organisations, are protected. Thus information that would reveal that a former employer had supplied information about you would not be exempt unless you would be able to identify the particular individual - for example, a particular manager. This exemption does not protect the identity of a health professional, social worker or teacher who has provided information that is recorded on your health, social work or educational record. This is discussed further below.

Law Enforcement

Personal data held for the purpose of preventing or detecting crime, apprehending or prosecuting offenders, or assessing and collecting any tax or duty are exempt if disclosure would prejudice one of those purposes.

The exemption is not restricted to bodies such as the police or Inland Revenue. So, information about suspected fraud held by a bank or a social security officer could also be covered.

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