3(1)If a relevant minister thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person in England, the data may be disclosed to the minister or a person acting on the minister's behalf.E+W
(2)Sub-paragraph (1) applies to the disclosure of data by a relevant authority, a best value authority or an NHS foundation trust otherwise than in response to a requirement under paragraph 2 as it applies to other disclosures of data.
(3)Sub-paragraph (1) does not authorise—
(a)a disclosure which contravenes [F1the data protection legislation], or
(b)a disclosure prohibited by [F2any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ].
[F3(3A)“The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]
(4)Data may not be disclosed under sub-paragraph (1) if the data [F4comprises or includes] patient data.
(5)“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006) and from which the individual can be identified.
(6)A disclosure under sub-paragraph (1) does not breach—
(a)any obligation of confidence owed by a person making the disclosure, or
(b)any other restriction on the disclosure of information (however imposed).
(7)This paragraph does not limit the circumstances in which data may be disclosed apart from this paragraph.
(8)Data matching exercises may include data provided by a body or person outside England.
Textual Amendments
F1Words in Sch. 9 para. 3(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 184(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Words in Sch. 9 para. 3(3)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 31 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F3Sch. 9 para. 3(3A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 184(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4Words in Sch. 9 para. 3(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 184(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Commencement Information
I1Sch. 9 para. 3 in force at 1.4.2015 by S.I. 2015/841, art. 3(u)