SCHEDULES

SCHEDULE 3Exemptions etc from the F1UK GDPR: health, social work, education and child abuse data

Annotations:

PART 2Health data

Exemption from the listed GDPR provisions: data subject's expectations and wishes

4

1

This paragraph applies where a request for data concerning health is made in exercise of a power conferred by an enactment or rule of law and—

a

in relation to England and Wales or Northern Ireland, the data subject is an individual aged under 18 and the person making the request has parental responsibility for the data subject,

b

in relation to Scotland, the data subject is an individual aged under 16 and the person making the request has parental responsibilities for the data subject, or

c

the data subject is incapable of managing his or her own affairs and the person making the request has been appointed by a court to manage those affairs.

2

The listed GDPR provisions do not apply to data concerning health to the extent that complying with the request would disclose information—

a

which was provided by the data subject in the expectation that it would not be disclosed to the person making the request,

b

which was obtained as a result of any examination or investigation to which the data subject consented in the expectation that the information would not be so disclosed, or

c

which the data subject has expressly indicated should not be so disclosed.

3

The exemptions under sub-paragraph (2)(a) and (b) do not apply if the data subject has expressly indicated that he or she no longer has the expectation mentioned there.