Section 45A Exemption from sections 44 and 45: legal professional privilegeF1
Sections 44(2) and 45(1) do not require the controller to give the data subject—
information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality of communications could be maintained in legal proceedings, or
information in respect of which a duty of confidentiality is owed by a professional legal adviser to a client of the adviser.
A controller relying on the exemption in subsection (1) must inform the data subject in writing without undue delay of—
the decision to rely on the exemption,
the reason for the decision,
the data subject’s right to make a request to the F2Commission under section 51,
the data subject’s right to make a complaint to the controller under section 164A,
the data subject’s right to lodge a complaint with the Commission under section 165, and
the data subject’s right to apply to a court under section 167.
Subsection (2)(a) and (b) do not apply to the extent that complying with them would—
undermine a claim described in subsection (1)(a), or
conflict with a duty described in subsection (1)(b).
The controller must—
record the reason for a decision to rely on the exemption in subsection (1), and
if requested to do so by the F4Commission, make the record available to the Commission.
The reference in subsection (1) to sections 44(2) and 45(1) includes sections 35 to 40 so far as their provisions correspond to the rights and obligations provided for in sections 44(2) and 45(1).
Annotations
Textual amendments
- F1
S. 45A inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(6), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)
- F2
Word in s. 45A(2)(c)(d) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F3
S. 45A(2)(ca) inserted (19.6.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 10 para. 12; S.I. 2026/82, reg. 3(b) (with reg. 7)
- F4
Word in s. 45A(4)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Notes on ...
Textual amendments
- F1
S. 45 cross-heading omitted (5.9.2025) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 79(5), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)