0 Asked: March 19, 20212021-03-19T10:07:35+01:00 2021-03-19T10:07:35+01:00In: GDPR, Privacy Management Under a FOI request? Please can someone show me in the legislation where the “less than 5” rule applies? 0 Under a FOI request? Please can someone show me in the legislation where the “less than 5” rule applies? Share Facebook 3 Answers Voted Oldest Recent Simon 1 Question 18 Answers 0 Best Answers 19 Points View Profile Simon Bronze contributor 2021-03-23T12:36:26+01:00Added an answer on March 23, 2021 at 12:36 pm I think what you’re talking about is inference control (see p52 of the ICO’s Anonymisation COP below). If you’ve got small numbers of individuals (eg <5) if may be possible to identify the individuals by combining it with other data. If the request asks for x numbers of patients with y diagnosis in postcodes a, b, and c, you could potentially use that information to identify someone. Hence the reason to use the inference control. This is (in my experience) a generally accepted formula, certain the ICO had no issue with it when I've had challenges in my FOI days. https://ico.org.uk/media/for-organisations/documents/1061/anonymisation-code.pdf 0 Reply Share Share Share on Facebook Share on Twitter Share on LinkedIn ir2021 0 Questions 2 Answers 0 Best Answers 2 Points View Profile ir2021 2021-03-22T16:28:23+01:00Added an answer on March 22, 2021 at 4:28 pm Not sure I understand the question. Identifiable data is exempt from disclosure under Section 40(2) of the Freedom of Information Act. If the number is very low (less than 5) the information cannot be disclosed as it could potentially identify the individuals involved, especially if combined with other data, and this would constitute a breach of the Data Protection Act 1998. Therefore, this information is exempt from disclosure under section 40(2) of the Freedom of Information Act 2000. 0 Reply Share Share Share on Facebook Share on Twitter Share on LinkedIn Dave_Wylie 8 Questions 21 Answers 0 Best Answers 19 Points View Profile Dave_Wylie Bronze contributor 2021-03-19T16:34:05+01:00Added an answer on March 19, 2021 at 4:34 pm I would suggest pitching this question at Tim Turner of 2040training who is very knowledgeable on all aspects of FOI. Sadly i am not much of an expert in this area. Sorry. 0 Reply Share Share Share on Facebook Share on Twitter Share on LinkedIn Leave an answerCancel replyYou must login to add an answer. Username or email* Password* Captcha* What is 5 + 2? Remember Me! Forgot Password?