Exemptions and Exclusions from the DPA

The following types of personal data are excluded from the scope of the DPA:

• Anonymous data - data from which it is not possible to identify an individual;
• Personal data already in the public domain;
• Personal data on a dead person.
  

There are some exemptions from the requirements of the DPA. The exemptions include:

• Section 28 provides exemptions with respect to the safeguarding of National Security.
• Section 29 provides exemptions from the non-disclosure requirements of the DPA with respect to Crime & Taxation.

Where these exemptions apply, the University may have a statutory duty to disclose personal data without the consent of the individual. These exemptions cover:

• the prevention & detection of crime;
• the apprehension or prosecution of offenders;
• the assessment or collection of any tax or duty or of any imposition of a similar nature.

• Section 30 provides exemptions from the Subject Access Request requirements for data relating to the physical or mental health or condition of the individual to the extent to which the release of the data to the individual would be likely to cause serious harm to the physical or mental health or condition of the individual or any other person. It is mandatory that the appropriate health professional responsible for the clinical care of the individual is consulted as to whether the Section 30 exemption is appropriate.

• Section 31 provides an exemption from the subject information provisions to the extent that the proper discharge of the regulatory activity would be prejudiced. The regulatory activity includes such functions as:

• Protecting members of the public against financial loss due to dishonesty, malpractice or other improper conduct;
• Protecting charities against misconduct or mismanagement;
• Protecting the health, safety and welfare of persons at work;
• Protecting the health, safety and welfare of members of the public from other persons at work.

• Section 32 provides some exemptions when personal data is processed with a view to the publication by any person of any journalistic, literary or artistic material. It must be reasonably believed that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and that, in all the circumstances, compliance with that provision of the DPA is incompatible with the special purposes of Journalism, Literature, and Art.

• Section 33 provides some exemptions when research is being undertaken on personal data. See seperate entry under Research.

• Schedule 7 section 10 provides that personal data is exempt from the subject information provisions if the data consist of information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser, could be maintained in legal proceedings.

• Section 35 provides that personal data are exempt from the non-disclosure provisions where the disclosure is:

• Required by or under any enactment, by any rule of law or by the order of a court, or
• For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
• For the purpose of obtaining legal advice, or
• Is otherwise necessary for the purposes of establishing, exercising or defending legal rights.