When rights do not apply in full.
WHY EXEMPTIONS EXIST
Rights are balanced against other interests.
WHAT THEY TYPICALLY COVER
Legal professional privilege Prevention and detection of crime Legal claims Regulatory functions Others' rights and freedoms Confidential references, in some regimes
WHY OTHERS' RIGHTS MATTER MOST IN PRACTICE
An access request frequently captures data about other people.
WHAT TO DO ABOUT THAT
Redact, or withhold where redaction is insufficient.
WHAT TO CONSIDER
Whether the other person consents Whether disclosure is reasonable without it
WHAT TO NEVER DO
Withhold everything because some of it concerns others.
WHY
The person is entitled to their own data.
WHAT TO DO WITH INTERNAL NOTES ABOUT SOMEONE
Disclose them, unless an exemption applies.
WHY THAT SURPRISES PEOPLE
Opinions recorded about a person are their personal data.
WHAT THAT SHOULD CHANGE
What gets written down.
WHAT TO APPLY EXEMPTIONS CAREFULLY
Narrowly, and only where they genuinely apply.
WHY
Broad application is a common finding against organisations.
WHAT TO DOCUMENT
Which exemption was applied, to what, and why.
WHAT TO TELL THE PERSON
That material was withheld, and generally on what basis.
WHAT TO TAKE ADVICE ON
Anything contested.
