Hi
Not sure an exemption exists unless you are discussing with lawyers in
which case there may be narrow scope for refusing the request on the
basis of legal professional privilege. You need to be very careful about
refusing in any event - see the case of McWilliams v Citibank NA
This article may provide some useful advice -
https://www.blplaw.com/expert-legal-insights/articles/gdpr-hr-series-subject-access-requests-under-the-new-regime-what-you-need-to-know
On 17/07/2018 17:02, Fiona Whitworth wrote:
> Hi
>
> I recently enquired with the ICO who would not give 'advice' but did say that records should only be withheld if you can clearly apply an exemption or on the documented advice of a solicitor instructed by yourselves!
>
> Not sure if that helps are not!
>
> Fi
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Cartwright, Christine
> Sent: 17 July 2018 16:55
> To: [log in to unmask]
> Subject: Re: [data-protection] Exemptions from GDPR
>
> Dear Julie
>
> Welcome to the group! I have just today found myself in the same situation and wondered whether section 23 'Negotiations' might be applicable?
>
> DPA2018 says 'The listed GDPR provisions do not apply to personal data that consists of records of the intentions of the controller in relation to any negotiations with the data subject to the extent that the application of those provisions would be likely to prejudice those negotiations.'
>
> I have seen reference to this being used in terms of insurance matters but without any specificity applied to the nature of the negotiation, I wonder if it could be applied here? I'd be also glad to hear others' thoughts on the matter.
>
> Kind regards
> Christine
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Julie Johnson
> Sent: 17 July 2018 16:26
> To: [log in to unmask]
> Subject: [data-protection] Exemptions from GDPR
>
> Dear all,
> I am new to posting on this group and would appreciate some advice please.
>
> The query is our organisation is looking to withhold a current ongoing, unfinished disciplinary investigation whilst this process is still in progress, from the applicant who has submitted a SAR.
>
> I am considering using Schedule 2 , part 4, section 22 Management forecast. On the basis that it is a business activity to the extent that the application of those provisions would be likely to prejudice those negotiations.
>
> Once the investigation is completed the applicant will likely be provided with this data as part of due process within HR procedures, however I am concerned that providing this information at this early stage would circumvent due process.
>
> Please can anyone advise if they have encountered a similar issue and give some advice please.
> Many thanks
> Julie Johnson
>
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