Under which circumstances can the ‘domestic purposes’ exemption be used to justify non-compliance with the Data Protection Act 2018?

Under which circumstances can the ‘domestic purposes’ exemption be used to justify non-compliance with the Data Protection Act 2018?

A) An individual sells make up products for commission and uses social media to promote products to friends and family

B) A couple are planning their daughter’s wedding and use excel to store contact details and dietary needs of the guests

C) An individual employs a babysitter and stores her bank details in an encrypted document in order to make payments

D) A pansh council keeps a spreadsheet to manage bookings of the village hall, it contains only contact information and time slots

E) A group of students are arranging a house party and using social media to invite people that they do and do not know
A . A, B, C, and E.
B . B. C. D, and E
C . B, and C
D . A, B, C, and D

View Answer

Answer: C

Explanation:

The domestic purposes exemption applies to personal data processed by an individual only for the purposes of their personal, family or household affairs. This means that the processing has no connection to any professional or commercial activity. Examples of such processing include writing to friends and family, taking pictures for personal enjoyment, or keeping an address book. However, the exemption does not apply if the individual processes personal data outside the reasonable expectations of the data subject, or if the processing causes unwarranted harm to the data subject’s interests. Therefore, the exemption can be used to justify non-compliance with the Data Protection Act 2018 in scenarios B and C, where the processing is purely personal and does not affect the rights and freedoms of others. However, the exemption cannot be used in scenarios A, D and E, where the processing has a professional or commercial element, or involves sharing personal data with third parties without consent or legitimate interest.

Reference: Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21 ICO Guide to Data Protection, Domestic Purposes2 ICO Guide to Data Protection, Exemptions3