Section 173(5)

It is a defence for a person charged with an offence under subsection (3) to prove that— the alteration, defacing, blocking, erasure, destruction or concealment of the information would have occurred in the absence of a request made in exercise of a data subject access right, or the person acted in the reasonable belief that the person making the request was not entitled to receive the information in response to the request.

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