Section 80 Code of practice on confidential personal informationI1

England and Wales

(1)

The Commission must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.

(2)

The code must in particular make provision—

(a)

about the obtaining by the Commission of information which, once obtained, will be confidential personal information, and

(b)

about the handling, use and disclosure by the Commission of confidential personal information.

(3)

Before publishing the code, the Commission must consult—

F1(a)

F2NHS England, and

(b)

such other persons as it considers appropriate.

(4)

The Commission must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).

(5)

In this section “confidential personal information” means information which—

(a)

is obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

(b)

relates to and identifies an individual.

(6)

For the purposes of subsection (5)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—

(a)

the information, and

(b)

other information obtained by the Commission.

Annotations

Textual amendments

F1: S. 80(3)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 280(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2: Words in s. 80(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement

I1: S. 80 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

Notes on Part 1

Modifications

C1: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
C2: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
C3: Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
C4: Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

Notes on Chapter 6

Modifications

C1: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
C2: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
C3: Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)