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The Access to Health Records (Northern Ireland) Order 1993

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The Access to Health Records (Northern Ireland) Order 1993, Section 7 is up to date with all changes known to be in force on or before 18 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Cases where right of access may be partially excludedN.I.

7.—(1) [F1Access shall not be given under Article 5(2) to any part of a health record]

(a)which, in the opinion of the holder of the record, would disclose—

(i)information likely to cause serious harm to the physical or mental healthF1. . . of anyF1. . . individual; or

(ii)information relating to or provided by an individual, other than the patient, who could be identified from that information; or

(b)which was made before the coming into operation of this Order.

(2) Paragraph (1)( a)(ii) shall not apply—

(a)where the individual concerned has consented to the application; or

(b)where that individual is a health professional who has been involved in the care of the patient;

and paragraph (1)( b) shall not apply where and to the extent that, in the opinion of the holder of the record, the giving of access is necessary in order to make intelligible any part of the record to which access is required to be given under Article 5(2).

(3) Where an application is made under paragraph (1)( c), ( d) or ( e) of Article 5, access shall not be given under paragraph (2) of that Article to any part of the record which, in the opinion of the holder of the record, would disclose—

(a)information provided by the patient in the expectation that it would not be disclosed to the applicant; or

(b)information obtained as a result of any examination or investigation to which the patient consented in the expectation that the information would not be so disclosed.

(4) Where an application is made under paragraph (1)( e) of Article 5, access shall not be given under paragraph (2) of that Article to any part of the record which, in the opinion of the holder of the record, would disclose information which is not relevant to any claim which may arise out of the patient's death.

(5) The Department may by regulations provide that, in such circumstances as may be prescribed by the regulations, access shall not be given under Article 5(2) to any part of a health record which satisfies such conditions as may be so prescribed.

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