PART 7Supplementary and final provision

Rights of the data subject

185Avoidance 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 F1UK GDPR (right of access by the data subject);

b

Article 20 of the F2UK 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).