Health Act 1999

24 Restrictions on disclosure of information.E+W

(1)A person who, without lawful authority, knowingly or recklessly discloses information which—

(a)falls within section 23(2), and

(b)has been obtained by the Commission in accordance with any condition mentioned in section 23(2),

is guilty of an offence if the disclosure is made during the lifetime of the individual to whom the information relates.

(2)A person who, without lawful authority, knowingly or recklessly discloses information which—

(a)relates to and identifies an individual,

(b)has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

(c)does not fall within subsection (1),

is guilty of an offence if the disclosure is made during the lifetime of that individual.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both, or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)It is not an offence under this section—

(a)to disclose information in a form in which the individual to whom the information relates is not identified, or

(b)to disclose information which has previously been disclosed to the public with lawful authority.

(5)It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—

(a)he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b)he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(6)For the purposes of this section a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made—

(a)with the consent of the individual to whom the information relates,

(b)for the purpose of facilitating the exercise of any functions of the Commission,

(c)for the purpose of facilitating the conduct of any investigation under the M1Health Service Commissioners Act 1993,

(d)in accordance with any enactment or order of a court,

(e)in connection with the investigation of a serious arrestable offence,

(f)for the purposes of criminal proceedings in any part of the United Kingdom,

(g)in a case where the information appears to the Commission to reveal—

(i)that the performance of a health professional in his capacity as such has or may have fallen substantially below that which is expected,

(ii)that a health professional has or may have been guilty of serious professional misconduct, or

(iii)that the fitness of a health professional to practise as such is or may be seriously impaired by reason of his physical or mental condition,

and the person to whom the information is disclosed is a person to whom the Commission considers that it should be disclosed in order for appropriate action to be taken, or

(h)in a case where—

(i)the information reveals that a person is likely to constitute a threat to the health or safety of individuals, and

(ii)the person to whom it is disclosed is a person to whom the Commission considers that the information should be disclosed in the interests of the health and safety of individuals.

(7)For the purposes of subsection (2), information obtained by the Commission is to be regarded as identifying an individual if the individual can be identified—

(a)from that information, or

(b)from that information and from other information obtained by the Commission.

(8)For the purposes of subsection (4)(a), information disclosed by a person is not to be regarded as being in a form in which an individual is not identified if the individual can be identified—

(a)from that information, or

(b)from that information and from other information disclosed—

(i)by the Commission, or

(ii)by any member or employee of the Commission.

(9)Any reference in subsection (1), (2), (7) or (8)(b)(i) to the Commission includes a reference to any person authorised by the Commission under section 23.

(10)In this section—

• “health professional” has meaning given by section 69(1) of the M2Data Protection Act 1998,

• “serious arrestable offence”—

  (a)

  in relation to England and Wales, is to be construed in accordance with section 116 of M3the Police and Criminal Evidence Act 1984,

  (b)

  in relation to Scotland, means an offence which is triable on indictment,

  (c)

  in relation to Northern Ireland, is to be construed in accordance with Article 87 of the M4Police and Criminal Evidence (Northern Ireland) Order 1989.