Primary Exemptions
1. National Security (Section 28 of the Act)
2. Crime and Taxation
- The prevention or detection of crime,
- The apprehension or prosecution of offenders, or
- The assessment or collection of any tax or duty or of any imposition of a similar nature
3. Health, Education and Social Work
Section 30 of the Act provides that, subject to an order by the Secretary of State bringing such provision into force and specifying the description of the data to which the exemption applies :-
- Personal data as to the physical or mental health or condition of the data subject;
- Personal data relating to present or past pupils of a school of which the data controller is the proprietor (as defined in the Act) or teacher; and
- Personal data processed by government departments or local authorities or by voluntary organisations or other bodies designated by the secretary of State and which appear to them to be processed in the course of or for the purposes of carrying out social work in relation to the data subjects or other individuals
4. Regularity Activity
5. Special Purposes - defined as one or more of the following
- The purposes of journalism
- Artistic purposes
- Literay purposes
6. Research, History and Statistics
Section 33 of the Act provides for various exemptions in respect of the processing (or further processing) of personal data for research purposes (including statistical or historic purposes) provided that the processing (or further processing) is exclusively for those purposes and also, that the following conditions are met :-
- That the data are not processed to support measures or decisions relating to particular individuals, and
- That the data are not processed in such a way that substantial distress is, or is likely to be, caused to any data subject
7. Information made available to the public by or under enactment
8. Disclosures required by law
9. Disclosures made in connection with legal proceedings
10. Domestic Purposes
Miscellaneous Exemptions
1. Confidential references given by the data controller
2. Armed Forces
3. Judicial Appointments and Honours
4. Crown Employment and Crown or Ministerial appointments
5. Management forecasts/management planning
6. Negotiations
7. Corporate Finance
8. Examination scripts
9. Examinations marks
10. Legal professional privilege
11. Self incrimination
12. Transitional exemptions