ABSTRACT
This chapter argues that, in order to implement Article 10, an unqualified duty must be placed on data controllers. It suggests a duty in relation to unanticipated processing where data were obtained from the data subject that is conditional in the same way as cases falling under Article 11(1). The chapter also argues while Member States may treat all cases where data are/were collected from the data subject under Article 10, the best interpretation requires 'the missing case' to be dealt with in terms of Recitals 39 and 40. It examines the UK's implementation of the duty to provide information to the data subject under Articles 10 and 11 of the Directive. The chapter also examines the effect of this in relation to Section 60 of the Health and Social Care Act 2001 and The Health Service Regulations 2002 made under Section 60. It finally presents a very personal view, which many will no doubt find controversial.
