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Part of National data opt-out operational policy guidance document

Appendix 5: Information required by law or court order

Further details of examples of disclosures required by law are defined in the table below.

Summary

Further details of examples of disclosures required by law are defined in the table below.


Area

Legal Requirement

URL

Care Quality Commission

The Care Quality Commission, which has powers of inspection and entry to require documents, information and records – a code of practice sets out how the CQC can use these powers

 

Health and Social Care Act 2008

NHS Digital (formerly HSCIC)

NHS Digital, the statutory safe- haven, which has powers to collect information when directed by the Secretary of State or NHS England

 

Health and Social Care Act 2012

NHS Counter Fraud

The NHS Counter Fraud Service, which has powers to prevent, detect and prosecute fraud in the NHS

 

Part 10 of the National Health Service Act 2006

 

Fitness to Practice Investigations

Investigations by regulators of professionals (e.g. Health and Care Professions Council, General Medical Council, or Nursing and Midwifery Council investigating a registered professional’s fitness to practise)

 

e.g. under section 35a of the Medical Act 1983

Coroners

Coroners’ investigations into the circumstances of a death. For example if the death occurred in a violent manner or in custody

 

Coroners and Justice Act

2009

Notifiable Diseases

Health professionals must report notifiable diseases, including food poisoning

 

The Public Health (Control of Disease) Act 1984

 

Public Health (Infectious Diseases) Regulations 1988

 

Health Protection (Notification) Regulations 2010)

Termination of Pregnancy

The Chief Medical Officer must be notified of termination of pregnancy, giving a reference number, date of the birth and postcode of the woman concerned

 

Abortion Regulations 1991

Health and Safety

Employers must report deaths, major injuries and accidents to the Health and Safety Executive

 

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

Road Traffic Offences

Information must be provided to the police when requested to help identify a driver alleged to have committed a traffic offence

 

The Road Traffic Act 1988

Prevention of Terrorism

Information must be provided to the police to help prevent an act of terrorism or prosecuting a terrorist

 

Section 38B of The Terrorism Act 2000

 

Terrorism Prevention and Investigation Measures Act 2011

Safeguarding

Information must be shared for child or vulnerable adult safeguarding purposes

 

Provision of information to safeguarding adult boards at its request to enable or assist the board to perform its functions.

e.g. s.47 Children Act 1989

 

 

Care Act 2014

Female Genital Mutilation (FGM)

Health professionals must report known cases of female genital mutilation to police

 

Female Genital Mutilation Act 2003

Court Orders

A judge or presiding officer of a civil or criminal court can require disclosure of confidential patient information through a court order

 

Human Fertilisation and Embryology Authority

Information required to be reported to HFEA for inclusion on the register of assisted reproduction and fertility treatments. (Legal restrictions also exist on the disclosure of human fertilisation and embryology information)

Human Fertilisation and Embryology Act 1990

ONS

Disclosure of information required to enable ONS to exercise one or more of its functions. (Only applies to information required by ONS – typically for the creation of official statistics)

Statistics and Registration Act 2007 (as amended by the Digital Economy Act 2017)

NHS Resolution Litigation

Disclosure of information for investigating and defending legal claims

Section 35 Data Protection Act 1998

Human Tissue Authority

Disclose of information relating to transplant approvals and serious and adverse reactions notifications.

Human Tissue Act 2004

HTA Guidance

Controlled Drugs

Responsible bodies including health boards, trusts and regulatory bodies are required to cooperate on the handling of, and acting on, shared information relating to the management and use of controlled drugs.

 

Should usually be anonymised or with consent but in some instances may allow disclosure of confidential information

The Controlled Drugs (Supervision of Management and Use) Regulations 2013

 

Last edited: 1 December 2021 9:12 am