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.
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Area |
Legal Requirement |
URL |
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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
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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
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NHS Counter Fraud |
The NHS Counter Fraud Service, which has powers to prevent, detect and prosecute fraud in the NHS
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Part 10 of the National Health Service Act 2006
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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)
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Coroners |
Coroners’ investigations into the circumstances of a death. For example if the death occurred in a violent manner or in custody
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Notifiable Diseases |
Health professionals must report notifiable diseases, including food poisoning
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The Public Health (Control of Disease) Act 1984
Public Health (Infectious Diseases) Regulations 1988
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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
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Health and Safety |
Employers must report deaths, major injuries and accidents to the Health and Safety Executive
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Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 |
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Road Traffic Offences |
Information must be provided to the police when requested to help identify a driver alleged to have committed a traffic offence
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Prevention of Terrorism |
Information must be provided to the police to help prevent an act of terrorism or prosecuting a terrorist
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Section 38B of The Terrorism Act 2000
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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. |
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Female Genital Mutilation (FGM) |
Health professionals must report known cases of female genital mutilation to police
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Court Orders |
A judge or presiding officer of a civil or criminal court can require disclosure of confidential patient information through a court order |
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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) |
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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) |
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NHS Resolution Litigation |
Disclosure of information for investigating and defending legal claims |
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Human Tissue Authority |
Disclose of information relating to transplant approvals and serious and adverse reactions notifications. |
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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