3. Where the health data access body concludes that the requirements in paragraph 1 are fulfilled and the risks referred to in paragraph 2 are sufficiently mitigated, the health data access body shall grant access to electronic health data by issuing a data permit. Health data access bodies shall refuse all health data access applications where the requirements in this Chapter are not fulfilled.
Where the requirements for issuing a data permit are not met, but the requirements to provide a response in an anonymised statistical format under Article 69 are, the health data access body may decide to provide such response, on condition that providing that response would mitigate the risks and, if the purpose of the health data access application can be fulfilled in this manner, that the health data applicant agrees to receiving a response in an anonymised statistical format under Article 69.