Exemptions Relating To Social Work Data

The Data Protection Act 2018 (DPA 2018) provides an exemption from particular GDPR provisions. If an exemption does apply an organisation may not have to comply with all of the rights and obligations under GDPR/DPA 2018.

There are a number of different exemptions, which are set out in Schedules 2 to 4 of the DPA 2018. This blog looks at the exemptions applying to social work data. We will, however, explore some of the other exemptions in subsequent blogs.

What is Social Work Data?

Section 8(1) DPA 2018 defines social work data as data processed by a local authority “in connection with its social services functions (within the meaning of the Local Authority Social Services Act 1970)”.

Social work data does not mean any data that is education or health data, as these fall within their own exemption.

Exemptions relating to Social Work Data

Schedule 3 of DPA 2018 contains a series of exemptions from GDPR principles that can be relied upon by social services.

1. Social work data processed by a Court

This exemption applies to social work data processed by a Court such as data supplied in a report or evidence given to the Court in the course of proceedings.

The exemption however only applies if those proceedings are subject to certain specific statutory rules that allow the social work data to be withheld from the person it relates to.

2. Social work data relating to an individual’s wishes and expectations

This exemption only applies if a request is made by someone with parental responsibility or someone appointed by the Court to manage the affairs of a person who has lost capacity.

It only applies to the extent that complying with the request would disclose information that:

• The individual did not want to be disclosed to the requestor;
• Was obtained as part of an examination or investigation; or
• The individual expressly confirmed they do not want the information disclosed.

3. Serious harm

This exemption exempts social services from the GDPR provisions on the rights of access entirely, meaning they do not have disclose any data following a subject access request. It applies where complying with the request would likely prejudice the carrying out of social work because it would likely cause serious harm to the physical or mental health of an individual.

4. Restriction of the right of access

As the name suggests, this is not an exemption but instead is a restriction in relation to the right of access to social work data. It restricts social services from disclosing data if the data came from the Principle Reporter.

It is important to note that the above exemptions only exempt social services from the following obligations under DPA 2018/GDPR:

• Personal Data collected from a data subject (Article 13(1) to (3));
• Personal Data collected other than from a data subject (Article 14(1) to (4));
• Confirmation of processing, access to data and safeguards for third country transfers (Article 15(1) to (3));
• Right to rectification (Article 16);
• Right to erasure (Article 17(1));
• Restriction of processing (Article 18(1));
• Right to data portability (Article 20(1) and (2));
• Objections to processing (Article 21(1)); and
• General principles so far as its provisions correspond to the rights and obligations above (Article 5).

If you have sent a subject access request to social services and you believe that some information requested has not been disclosed, it may be because one of the above exemptions have been relied upon by social services.

If you are unsure as to what data you are/are not entitled to it is a good idea to seek legal advice as the exemptions present within the DPA 2018 can be complicated.