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Some help needed pls !

SI 2000 No 191

The data Proteciton (Subject Access) (Fees & Misc Provisions) Regs 2000

Transitional Provisions in respect of health records states that the maximum fee which may be required by a data controller under section 7(2)(b) of the act is £50 .

However it says " a data controller may not require a fee under sectoin 7(2)(b) of the act where the data is part of an accessible record defined in Schedule 12.  In sched 12 - this is defined as Housing or Social Services.

Does this mean that I can charge up to £50 for a SAR or does it mean that I can charge up to £50 for the bit  which comes under Section 68(2) (see below)

a) information relating to the physical or mental health or condition of the individual

b) any record which has been made by or on behalf of a health professional in connection with the care of that individual

Does this infer that there are two levels, depending on what is being requested?  £50 for a doctor's report or a social workers health report - £10 for a "normal "subject access??

Edwina Withe
Data Protection Officer
Bracknell Forest BC



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