Section 185 — Data Protection Act 2018: Avoidance of certain contractual terms relating to health records

Avoidance of certain contractual terms relating to health records 185 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 UK GDPR (right of access by the data subject);

b Article 20 of the UK 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).