Schedule 19, Part 1, paragraph 58(5)

For subsection (5) substitute— The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1). The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies— giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)— would (apart from this Act) contravene any of the data protection principles, or would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded; giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of the GDPR (general processing: right to object to processing); on a request under Article 15(1) of the GDPR (general processing: right of access by the data subject) for confirmation of whether personal data is being processed, the information would be withheld in reliance on a provision listed in subsection (4A)(a); on a request under section 45(1)(a) of the Data Protection Act 2018 (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on subsection (4) of that section.

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Source: legislation.gov.uk · retrieved 2026-09-04