Exemptions from the subject access right

There are some exemptions from the subject access right which are particularly relevant to employment:

• information held for management forecasting or management planning, for example information
  about plans to promote, transfer or make a worker redundant, may be withheld to the extent to
  which access would be likely to prejudice conduct of the employer’s business.
• information consisting of records of the intentions of the employer in relation to negotiations
  with a worker may be withheld to the extent to which access would be likely to prejudice those
  negotiations, for example because it would give away the employer’s ‘fall-back position’.
• information that consists of a reference given or to be given in confidence by the employer for;
  • the education, training or employment of the worker
  • the appointment of the worker to any office
  • the provision by the worker of any service
    may be withheld.
• information held for;
  • the prevention or detection of crime
  • the apprehension or prosecution of offenders
  • the assessment or collection of any tax or duty or of any other imposition of a similar nature
    may be withheld to the extent to which access would be likely to prejudice any of these matters.

There is also an exemption which applies in limited circumstances where releasing information could
affect the price of a company’s shares or other financial instrument. This is known as the corporate
finance exemption.

In addition, information that identifies someone other than the worker can sometimes be withheld.

See Access when information about third parties is involved for further details.