SCHEDULE 2Exemptions etc from the GDPR

PART 3Restriction based on Article 23(1): protection of rights of others

Protection of the rights of others: general

16(1)Article 15(1) to (3) of the GDPR (confirmation of processing, access to data and safeguards for third country transfers), and Article 5 of the GDPR so far as its provisions correspond to the rights and obligations provided for in Article 15(1) to (3), do not oblige a controller to disclose information to the data subject to the extent that doing so would involve disclosing information relating to another individual who can be identified from the information.

(2)Sub-paragraph (1) does not remove the controller’s obligation where—

(a)the other individual has consented to the disclosure of the information to the data subject, or

(b)it is reasonable to disclose the information to the data subject without the consent of the other individual.

(3)In determining whether it is reasonable to disclose the information without consent, the controller must have regard to all the relevant circumstances, including—

(a)the type of information that would be disclosed,

(b)any duty of confidentiality owed to the other individual,

(c)any steps taken by the controller with a view to seeking the consent of the other individual,

(d)whether the other individual is capable of giving consent, and

(e)any express refusal of consent by the other individual.

(4)For the purposes of this paragraph—

(a)“information relating to another individual” includes information identifying the other individual as the source of information;

(b)an individual can be identified from information to be provided to a data subject by a controller if the individual can be identified from—

(i)that information, or

(ii)that information and any other information that the controller reasonably believes the data subject is likely to possess or obtain.