The following Financial Services guidance note provides comprehensive and up to date legal information covering:
The table in this Practice Note identifies and briefly summarises the principal exemptions available under the Data Protection Act 1998 (DPA 1998). This Practice Note should be read together with Practice Note: Exemptions under the DPA 1998.
The main exemptions are contained in Part IV and Schedule 7 of the DPA 1998. Data or processing that comes within a Part IV (Exemptions) exemption is not treated as personal data or processing of personal data for the purposes of the data protection principles (DPA 1998, Sch 1) and Parts II (Rights of data subjects) and III (Notification).
The Information Commissioner's Office (ICO) has issued general guidance on the application of the main exemptions under the DPA 1998, including on how the exemptions work and when these apply. Specific guidance is also available from the ICO on particular exemptions or scenarios, as detailed below.
For a comprehensive introduction to the GDPR, collating key practical guidance, see: GDPR toolkit.
As part of the general duties set out in DPA 1998, s 51, the Information Commissioner must promote good practice, the observance of DPA 1998 by data controllers, and develop appropriate codes of practice. To help data controllers interpret the statutory framework, the ICO has published a Guide to data protection, along with the following guidance:
Guide to data protection—Principle 6—Subject access
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234