Failure to Comply - Subject Access Request

[SerialBox]

I submitted a subject access request to my employer.

They have failed to issue copies of emails about me that I know exist proving discrimination.

My understanding is they are saying they are privileged discussions and therefore I am not entitled to them.

Can anyone help? I'm going to contact ICO later today.

[prh47bridge]

Without knowing more about the nature of these emails it is impossible to say. There are a number of exemptions that could apply. For example if the emails are about how they intend to negotiate with you and disclosing them would prejudice that negotiation they are exempt.

[emplaw02]

As Prh47bridge says there are a number of exemptions. The main ones are as follows:

Legal professional privilege - any document which was created with the dominant purpose of being used in current or potential litigation, or any document which was brought into being in order to obtain legal advice from a barrister or solicitor.

Negotiations with the data subject -If the data controller is negotiating with the data subject at the time at which the data subject makes the subject access request, the data controller does not have to reveal requested information if to do so would be likely to prejudice those negotiations.

Information relating to management forecasting or management planning.