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SCHEDULE 7E+W+S+N.I. Disclosure of information by ombudsmen

The Health Service CommissionersE+W+S+N.I.

5At the end of section 15 of the M1Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—

(4)Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.


Marginal Citations

6After section 18 of that Act there is inserted—

18A Disclosure of information to Information Commissioner.

(1)The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—

(a)a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i)Part V of the Data Protection Act 1998 (enforcement),

(ii)section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii)Part IV of that Act (enforcement), or

(b)the commission of an offence under—

(i)any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii)section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(3)Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.