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

Data Protection Act 2018 · 2018 c. 12View on legislation.gov.uk

Part 7: Supplementary and final provision

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—

consists of the information contained in a health record, and
has been or is to be obtained by a data subject in the exercise of a data subject access right.

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.

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.

In this section, "data subject access right" means a right under—

Article 15 of the UK GDPR (right of access by the data subject);
Article 20 of the UK GDPR (right to data portability);
section 45 of this Act (law enforcement processing: right of access by the data subject);
section 94 of this Act (intelligence services processing: right of access by the data subject).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.