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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 December 2020 - onwards
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185. Avoidance of certain contractual terms relating to health records

(1) A term or condition of a contract is void in so far as it purports to require an individual to supply another person with a record which -

(a) consists of the information contained in a health record, and

(b) has been or is to be obtained by a data subject in the exercise of a data subject access right.

(2) A term or condition of a contract is also void in so far as it purports to require an individual to produce such a record to another person.

(3) The references in subsections (1) and (2) to a record include a part of a record and a copy of all or part of a record.

(4) In this section, "data subject access right" means a right under -

(a) Article 15 of the UK GDPR (right of access by the data subject);

(b) Article 20 of the UK GDPR (right to data portability);

(c) section 45 of this Act (law enforcement processing: right of access by the data subject);

(d) section 94 of this Act (intelligence services processing: right of access by the data subject).

Comparing proposed amendment...