On occasions, information requested under a subject access request by an individual may be exempt from disclosure and not disclosed to them. The common situations are in relation to:
- Serious harm test for health information - where disclosure may cause serious physical or mental harm to the individual or anyone else.
- Information about other people - this may be redacted or not provided at all.
- Legal professional privilege - in relation to personal information discussed or included in confidential communications between the Trust and its legal advisors.
- Crime and taxation - where disclosure may prejudice the prevention or detection of crime and/or the apprehension or prosecution of offenders.
- Judicial proceedings - where disclsoure may prejudice judicial proceedings in a court or tribunal.
- Child abuse data.
- Confidential references.
The Information Commissioner’s Office’s (ICO) have issued specific guidance on partially or fully refusing requests and the exemptions.