185Avoidance of certain contractual terms relating to health recordsU.K.
(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).
Textual Amendments
F1Words in s. 185(4)(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 79 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 185(4)(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 79 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)