Section 185 Avoidance of certain contractual terms relating to health recordsI1

(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 F1UK GDPR (right of access by the data subject);

(b)

Article 20 of the F2UK 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).

Annotations

F1: Words in s. 185(4)(a) 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. 79 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in s. 185(4)(b) 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. 79 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

C1: Pt. 7 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))
C2: Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))