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The Data Protection Act 1998 contains certain exemptions and provisos which affect the operation of the subject access regime. One such proviso is that a data controller does not have to comply with a subject access request to the extent that it would mean disclosing information about another individual who can be identified from that information, unless:
It’s essentially a balancing act - and not necessarily a simple one - between an individual’s right of access and the third party’s rights in respect of their own personal data. The Information Commissioner’s Office guidance approaches this by asking three questions:
Next week our blog posts will examine some other aspects of privacy and data protection law.
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