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3.—(1) Subject to paragraph (2), this Order applies to personal data falling within any of the descriptions set out in paragraphs 1 and 2 of the Schedule.
(2) This Order does not apply—
(a)to any data consisting of information as to the physical or mental health or condition of the data subject to which the Data Protection (Subject Access Modification) (Health) Order 2000(1) or the Data Protection (Subject Access Modification) (Education) Order 2000(2) applies; or
(b)to any data which are exempted from section 7 by an order made under section 38(1) of the Act.
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