Approved by statutory process

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Is the disclosure of identifiable information approved through a statutory process?

See paragraphs 20–21 


You may disclose personal information without consent if the disclosure is permitted or has been approved under section 251 of the National Health Service Act 2006 (which applies in England and Wales) or the Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016. These pieces of law allow the common law duty of confidentiality to be set aside for defined purposes where it is not possible to use anonymised information and where seeking consent is not practicable. There is no comparable legal framework in Scotland.


If you know that a patient has objected to information being disclosed for purposes other than their own care, you should not usually disclose the information unless it is required under the regulations. You can find more guidance on disclosures with specific statutory support in paragraphs 103 - 105.