Data Protection & Freedom of Information Office

The Right to Privacy

The Right to Privacy is embodied in Article 8 of the Human Rights Act 1998, while the 6th Principle of the DPA states that personal data must be processed in accordance with the individual's rights.

Personal data is an image, document, statement, or record in a filing system, from which a living individual may be identified from that data.  In addition to other factors, information is considered personal data when the processing of the data affects the individual’s privacy.

Before releasing personal information about an individual, e.g. in response to a Freedom Of Information request, the following tests must be applied:

• If the information is considered sensitive personal data in DPA terms, then it must not be released without the explicit consent of the individual;

• If the information is obviously private, then it must not be released without the explicit consent of the individual;

• If the disclosure would cause offence to another individual in similar circumstances, then the information is private and must not be released;

• If the individual was asked for, and declined, consent then the information must not be released;

• If, on balance, disclosure of the information would likely cause more harm than benefit, then it must not be released;

If disclosure of the information is in the public interest, and taking into account the caveats above, then it may be released. However, you must be able to defend the decision to release.

See separate A to Z entries for advice on the Human Rights Act 1998, personal data, processing, and sensitive personal data.