Section 185 | Avoidance of certain contractual terms relating to health records

(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);^F1

(b)Article 20 of the UK GDPR (right to data portability);^F2

(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).