CHAPTER 6: RESTRICTIONS ON DISCLOSURE OF PERSONAL DATA

One of the specific exemptions in the Freedom of Information Act (s.40) relates to personal data. The Act uses the definition of ‘personal data’ found in the Data Protection Act (discussed below).

Where the data relates to the person making the request, the exemption is absolute. In this case, the information cannot be released in response to a freedom of information request, but it can be released to the applicant as a subject access request under the Data Protection Act. This is discussed in Chapter 11.

Where the data relates to someone else (such as a staff member of the public authority) the data is, in effect, absolutely exempt from disclosure if that would result in a breach of any ...

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