A subject access request to a council covering a period of 12 months was requested and refused by the council citing LPP (Paragraph 10 of Schedule 7 to the DPA) as the exemption to everything bar the communications directly between the requester and the council which the requester said they did not need.
The requester made a further request for the proceeding six months and the same refusal was sent. The ICO are currently investigating the first refusal. The second refusal is going through an internal review.
Schedule 10 of Schedule 7 to the DPA states:-
Personal data are exempt from the subject information provisions if the data consist of information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings
There are no legal proceedings, there are not any prospects of legal proceedings, so can the Council still rely on the exemption and if they can it would suggest that the requester will be denied their data for an indeterminate time.