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Data Protection and Compliance in Context by Stewart Room

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PART IV EXEMPTIONS

Part IV of the DPA is titled ‘Exemptions’. These exemptions cover more than the exemptions from transparency provisions considered here, namely exemptions from the fair processing requirements, from the requirement to process for specified purposes (the second data protection principle) and from the right of access. These exemptions are additional to those already mentioned.

Section 36 of the DPA contains a complete exemption for processing done for domestic purposes, which is processing ‘by an individual only for the purposes of that individual’s personal family or household affairs (including recreational purposes)’. This is the DPA’s only complete exemption. However, section 28 of the DPA creates the possibility of an equally ...

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