The Data Protection (Subject Access Modification) (Social Work) Order 1987

4.—(1) The subject access provisions shall not have effect in relation to any personal data to which this Order applies by virtue of article 3(2) above.

(2) So much of the subject access provisions as concerns the obligation in section 21(1)(b) of the Act to supply the data subject with a copy of the information constituting the data and any power of the Registrar in Part II thereof which is exercisable by reference to paragraph (a)(ii) of the seventh data protection principle shall not have effect in relation to any personal data to which this Order applies by virtue of article 3(1) above in any case where either of the requirements specified in paragraph (3) below is satisfied.

(3) The requirements referred to in paragraph (2) above are that the application of the provisions mentioned in that paragraph would be likely to prejudice the carrying out of social work by reason of the fact that —

(a)serious harm to the physical or mental health or emotional condition of the data subject or any other person would be likely to be caused; or

(b)the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information would be likely to be disclosed to or deduced by the data subject or any other person who is likely to obtain access to it either from the information itself or from a combination of that information and other information which the data subject or such other person has or is likely to have.

(4) Paragraph (3) above shall not be construed as excusing a data user —

(a)from supplying the information sought by the request for subject access where the only individual whose identity is likely to be disclosed or deduced as mentioned in sub-paragraph (b) thereof is a relevant person; or

(b)from supplying so much of the information sought by the request as can be supplied without causing serious harm as mentioned in sub-paragraph (a) thereof or enabling the identity of another individual to be disclosed or deduced as mentioned in sub-paragraph (b) thereof, whether by the omission of names or other particulars or otherwise.

(5) In paragraph (3) above “the carrying out of social work” shall be construed as including —

(a)the exercise of any functions specified in article 3(1)(a)(i), (c), (e), (f) or (j) above;

(b)the provision of any service mentioned in article 3(1) (b) or (g) above; and

(c)the exercise of the functions of any body mentioned in article 3(1)(d) above or any person mentioned in article 3(1)(k) above.

(6) A person is a relevant person for the purposes of paragraph (4)(a) above if he —

(a)is a person referred to in article 3(1)(k) above; or

(b)is or has been employed by any person or body referred to in the said article 3(1) in connection with functions which are or have been exercised in relation to the data consisting of the information; or

(c)has provided for reward a service similar to a service provided in the exercise of any functions specified in sub-paragraph (a)(i), (b), or (c) thereof,

and the information relates to him or he supplied the information in his official capacity or, as the case may be, in connection with the provision of that service.

(7) In relation to data to which this Order applies, section 21 of the Act shall have effect as if subsections (4)(b) and (5) were omitted and as if the reference in subsection (6) to the consent referred to in the said section 21(4)(b) were a reference to the consent referred to in paragraph (3)(b) above.

(8) Section 21(8) of the Act shall have effect, in its application to data to which this Order applies by virtue of article 3(1) above, as if the reference therein to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in paragraphs (2) to (7) above.