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Data Protection Act

So what are the Exemptions Generally?

It is important to note what follows is only an outline of the exemptions. Your service may have researched these as they apply to your service. Your professional associations may have given guidance.

  • Primary Exemptions 

National Security Situations / Circumstances where it would be entirely inappropriate to make information, or even knowledge of the existence of information available to anyone who wanted it in relation to national security. In these circumstances there is exemption from all the data protection principles; subject access rights; the requirements of notification of registration; enforcement by the Commissioner; and unlawfully obtaining personal data.

  • Crime and Taxation 

Several exemptions apply where activities relate to combating crime, to law enforcement and to administering taxation. This applies to data processed for the prevention or detection of crime; apprehension or prosecution of offenders; and the assessment or collection of any tax or duty of any imposition of a similar nature. The consent of the data subject is not required to process this information or to pass personal information to a body requiring information for those purposes.

  • Health, Education and Social Work

Some information collected by Local Authorities is particularly intimate and private. For example information about health and medical treatment, schooling and dealings with social welfare bodies. It may not be in a person's interest to have free access to such information, for example, the release of medical or social welfare information, which could cause considerable distress to an individual if released. The Secretary of State can and has made secondary legislation in this area and it is for Services to assure themselves as to what is permitted and prohibited specifically under the Act.

  • Regulatory Activity 

Special functions, circumstances, requirements and operations with information of Regulatory bodies attract various exemptions. Such Regulatory bodies include the Commission for Local Administration, and the Director General of Fair Trading.

  • Journalism, Art and Literature 

Certain exemptions apply to enable freedom of expression (but not necessarily of freedom of publication)

  • Research, History and Statistics 

Certain exemptions apply where organisations and individuals conduct research which involves personal information and includes allowing the passing of research data on to other researchers.

  • Information available to the public

You are not required to deal with a "subject access request" where information is available to the public as a result of a Parliamentary Act, for example, the Register of Electors.

  • Disclosures required by law or made in connection with legal proceedings

There are appropriate provisions for the treatment of personal data where it has to be disclosed by law in response to an Act or by Court Order.

  • Domestic Purposes 

Exemptions are available to the domestic / private processing of personal information e.g. home computing.

  • Miscellaneous exemptions

These include confidential references given by a data controller, the Armed Forces, conditional appointments and honours, crown appointments, management forecasts, corporate finance, negotiations, examination marks and scripts, legal professional privilege and self-incrimination.