Data Protection Exemptions

The Data Protection Act was created to protect personal data, however there are a few exemptions to this act. The Data Protection Act was enforced in March, 2001 giving rights to an individual and their personal information. The act has eight principles that basically states the rules and regulations. The exemptions to these rules and regulations can be tricky.

Now in the Data Protection Act it states that an individual is allowed to obtain their personal information from an organization. That organization may ask for a fee or to verify the identity of the individual. The organization does not have to disclose everything they have on file to you. Some of the information they have maybe exempt from the rules and regulation of the Data Protection Act and there -fore do not have to be divulged.

The main exemptions are when it comes to law enforcement and national security. Information may be withheld from you based on these grounds. If personal data is being held to prevent or detect a crime it is exempt. If it is being used to apprehend or prosecute an offender it is exempt. It may also be exempt if the information pertains to some kind of fraud or tax evasion or it breaches ethics for a regulated profession. And of course if the government believes it to be a matter of national security, the information maybe withheld. That is something that is very real in this day and age of world wide terrorism.

Information that is used solely for personal, family or household useful under the exemptions. Any information that is available to the public by law and any information used for the purpose of any journalism, literature or artistic material. There is other information such as that collected for historical use or statistical or research purposes.

Another item that falls under the exemptions would be information in confidential references given by an organization. Also data that is covered by a legal professional privilege. Such as a lawyer - client situation. An individual may not request or receive personal data about someone other than themselves. Another exemption would protect information that may identify somebody who has supplied an organization with information about another individual. Adoption records are also included in the exemptions.

There is also a section discussing examinations. It is the examination marks or the examiner's comments that are exempt. However, you may request these 40 days after the results of an examination are announced or five months after you request the information, which ever is the shortest time frame.

The Data Protection Act helps protect a lot of personal data. There are some rules that the controller's of the information must follow. There are also some gray areas that might be used to benefit the controller. The individual is entitled to their information but again there are exemptions. So do some research and find out exactly where you and your personal data stand.