Section 79 inserts a new section 45A into the DPA 2018 which mirrors the current exemption for material which is subject to legal professional privilege or, in Scotland, to confidentiality of communications, under the UK GDPR. Legal professional privilege protects all communications between a professional legal advisor and their clients.
	Subsection 45A(3) disapplies the requirement that competent authorities inform the data subject that they are relying on a claim to legal professional privilege (or duty of confidentiality in Scotland) and their reason for doing so where this would undermine the claim (or duty), thereby allowing them to provide a ’neither confirm nor deny’ response.
Part 5: Data Protection and Privacy Data subject’s rights Section 79: Data subjects’ rights to information: legal professional privilege exemption