Q&As

What is the exemption to non-disclosure under section 35 of the Data Protection Act 1998?

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Published on LexisPSL on 02/02/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • What is the exemption to non-disclosure under section 35 of the Data Protection Act 1998?

The principal exemption from 'non-disclosure' obligations is contained in section 35 of the Data Protection Act 1998 (DPA 1998). DPA 1998, s 35 permits disclosures which are required by or under any enactment, by any rule of law or by the order of a court. Personal data are also exempt from the non-disclosure provisions where the disclosure is necessary (a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or (b) for the purpose of obtaining l

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