SAR Exemptions for Regulation, Parliament and Judiciary

This guide outlines six exemptions related to subject access requests (SAR) that protect various institutions, including the Bank of England and the Charity Commission. It details two different tests that operate in conjunction: four exemptions apply under a prejudice test, while two are absolute, specifically concerning parliamentary privilege and judicial functions. The guide emphasizes the importance of understanding the specific institutions and functions covered by these exemptions. It also explains the practical implications of each exemption, including audit functions and regulatory roles, and the necessity of verifying whether an organization qualifies under the named list of regulators. Additionally, it warns against the common pitfall of misapplying absolute exemptions and stresses the need for precise handling of requests to ensure compliance with GDPR obligations. The guide concludes with recommendations for logging exemptions and maintaining an accurate audit trail for regulatory scrutiny.