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The Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000

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Certain subject access requests in respect of health records—transitional provisions

6.  (1)  This regulation applies only to cases in which a request made under section 7 of the Act—

(a)relates wholly or partly to personal data forming part of an accessible record which is a health record within the meaning of section 68(2) of the Act,

(b)does not relate exclusively to data within paragraphs (a) and (b) of the definition of “data” in section 1(1) of the Act, and

(c)is made before 24th October 2001.

(2) Where in a case to which this regulation applies, the obligation imposed by section 7(1)(c)(i) of the Act is to be complied with by supplying the data subject with a copy of information in permanent form, the maximum fee which may be required by a data controller under section 7(2)(b) of the Act is £50.

(3) Except in a case to which paragraph (2) above applies, a data controller may not require a fee under section 7(2)(b) of the Act where, in a case to which this regulation applies, the request relates solely to personal data which—

(a)form part of an accessible record—

(i)which is a health record within the meaning of section 68(2) of the Act, and

(ii)at least some of which was made after the beginning of the period of 40 days immediately preceding the date of the request; and

(b)do not fall within paragraph (a) or (b) of the definition of “data” in section 1(1) of the Act.

(4) For the purposes of paragraph (3) above, an individual making a request in any case to which this regulation applies may specify that his request is limited to personal data of the description set out in that paragraph.

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