The Data Protection (Subject Access Modification) (Health) Order 2000

Interpretation

2.  In this Order—

“the Act” means the Data Protection Act 1998;

“the appropriate health professional” means—

(a)

the health professional who is currently or was most recently responsible for the clinical care of the data subject in connection with the matters to which the information which is the subject of the request relates; or

(b)

where there is more than one such health professional, the health professional who is the most suitable to advise on the matters to which the information which is the subject of the request relates; or

(c)

where—

(i)

there is no health professional available falling within paragraph (a) or (b), or

(ii)

the data controller is the Secretary of State and data to which this Order applies are processed in connection with the exercise of the functions conferred on him by or under the Child Support Act 1991(1) and the Child Support Act 1995(2) or his functions in relation to social security or war pensions,

a health professional who has the necessary experience and qualifications to advise on the matters to which the information which is the subject of the request relates;

“care” includes examination, investigation, diagnosis and treatment;

“request” means a request made under section 7;

“section 7” means section 7 of the Act; and

“war pension” has the same meaning as in section 25 of the Social Security Act 1989(3) (establishment and functions of war pensions committees).

(1)

1991 c. 48.

(2)

1995 c. 34.

(3)

1989 c. 24.