Guide to Data Protection Act for Data Controllers

Exemptions

Information available to public by or under enactments

What is exempted?

This exemption applies to personal data, which the data controller is obliged to make available to the public by law, including by means of inspection, whether free of charge or for payment of a fee. 

What provisions in the DPA does the exemption relate to?

Under this exemption personal data is exempt from:

  • the first data protection principle (but compliance with the conditions in schedules 2 and 3 is required);
  • the second data protection principle (purpose limitation principle);
  • the third data protection principle (data minimization principle);
  • the fourth data protection principle (data accuracy principle);
  • section 8 (the access right);
  • section 10 (right to stop or restrict processing)
  • section 14 (rectification, blocking, erasure or destruction) 

When does the exemption apply?

The exemption applies whenever the personal data is required to be made public by or under an enactment. 

Relevant provisions

Data Protection Act (2021 Revision)

Section 24: Exemption relating to information available to the public by law

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