Guide to Data Protection Act for Data Controllers


Legal professional privilege and trusts

What is exempted?

This exemption applies to personal data which consists of information:

  • which is subject to legal professional privilege; or
  • in relation to any structure or arrangement that is an ordinary trust, any structure or arrangement that is a trust established under the Trusts Act (2011 Revision), or any will made pursuant to the Wills Act (2004 Revision). 

What provisions in the DPA does the exemption relate to?

Under this exemption the personal data is exempt from:

  • the first data protection principle to the extent that it requires compliance with paragraph 2 of Part 2 of Schedule 1 (notification of the purpose for the processing); and
  • section 8 (the access right). 

Relevant provisions

Data Protection Act (2021 Revision)

Section 30: Exemption relating to legal professional privilege and trusts                                                                       

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