Section 94(9)

In determining for the purposes of subsection (6)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard must be had, in particular, to— any duty of confidentiality owed to the other individual, any steps taken by the controller with a view to seeking the consent of the other individual, whether the other individual is capable of giving consent, and any express refusal of consent by the other individual.

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Source: legislation.gov.uk · retrieved 2026-09-04