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(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 GDPR (right of access by the data subject);
(b)Article 20 of the 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).
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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