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Data Protection Act 2018
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- UK Public General Acts
- 2018 c. 12
- SCHEDULE 3
- PART 2
- Exemption from Article 15...
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Changes over time for: Cross Heading: Exemption from Article 15 of the UK GDPR: serious harm
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Changes to legislation:
Data Protection Act 2018, Cross Heading: Exemption from Article 15 of the UK GDPR: serious harm is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 3 Part 2 Crossheading Exemption-from-article-15-of-the-gdpr-serious-harm:
- s. 13A inserted by 2024 c. 21 s. 31(4)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13A inserted by 2024 c. 21 s. 31(4)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
Exemption from Article 15 of the [F1UK GDPR]: serious harmU.K.
Textual Amendments
F1Words in Sch. 3 para. 5 cross-heading 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. 93(6) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
5(1)Article 15(1) to (3) of the [F2UK GDPR] (confirmation of processing, access to data and safeguards for third country transfers) do not apply to data concerning health to the extent that the serious harm test is met with respect to the data.U.K.
(2)A controller who is not a health professional may not rely on sub-paragraph (1) to withhold data concerning health unless the controller has obtained an opinion from the person who appears to the controller to be the appropriate health professional to the effect that the serious harm test is met with respect to the data.
(3)An opinion does not count for the purposes of sub-paragraph (2) if—
(a)it was obtained before the beginning of the relevant period, or
(b)it was obtained during that period but it is reasonable in all the circumstances to re-consult the appropriate health professional.
(4)In this paragraph, “the relevant period” means the period of 6 months ending with the day on which the opinion would be relied on.
Textual Amendments
F2Words in Sch. 3 para. 5(1) 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. 93(7) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
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