UK Data Protection Act 2018
Part 2: General processing supplementing the UK GDPR – UK Data Protection Act 2018

UK Data Protection Act 2018 Sch3.5-6: Schedule 3 paragraphs 5 and 6 Health data in access responses: serious harm and the appropriate health professional

What does Sch3.5-6 require?

Article 15 does not apply to health data to the extent that disclosure would be likely to cause serious harm to the physical or mental health of the data subject or another individual. A controller that is not a health professional may neither withhold health data on that ground nor disclose health data in response to an access request unless it has obtained, within the preceding six months, the opinion of the appropriate health professional (the one currently or most recently responsible for the data subject's care, or another suitable professional) on whether the serious harm test is met, unless the data subject has already seen or knows the data.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

Other controls in Part 2: General processing supplementing the UK GDPR – UK Data Protection Act 2018

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