The Data Protection (Subject Access Modification) (Health) Order 2000

Further modifications of section 7

8.  In relation to data to which this Order applies—

(a) section 7(4) of the Act shall have effect as if there were inserted after paragraph (b) of that subsection

“or,

(c) the information is contained in a health record and the other individual is a health professional who has compiled or contributed to the health record or has been involved in the care of the data subject in his capacity as a health professional”.

(b) section 7(9) shall have effect as if—

(i) there was substituted—

“(9) If a court is satisfied on the application of—

(a) any person who has made a request under the foregoing provisions of this section, or

(b) any other person to whom serious harm to his physical or mental health or condition would be likely to be caused by compliance with any such request in contravention of those provisions,

that the data controller in question is about to comply with or has failed to comply with the request in contravention of those provisions, the court may order him not to comply or, as the case may be, to comply with the request.”; and

(ii) the reference therein to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in this Order.