Care Act 2014 Explanatory Notes

Section 122 – The Health and Social Care Information Centre: restrictions on dissemination of information

741.This section amends the Health and Social Care Act 2012 to provide that the Health and Social Care Information Centre (HSCIC) may only disseminate information under its general dissemination power in section 261(1) for the purposes of the provision of health care or adult social care or for the promotion of health. This would enable data to be made available for a wide range of health and care related purposes – including for the commissioning of those services, and the epidemiological research that is needed at the earlier stages of developing new treatments – but not for solely commercial purposes such as for commercial insurance. Section 122 also amends section 253 of the 2012 Act to make clear that, in carrying out any of its functions, the HSCIC must have regard to the need to respect and promote the privacy of those receiving health services and adult social care in England. Subsection (4) amends the 2012 Act to provide that the HSCIC must in exercising its functions under the 2012 Act of publishing or otherwise disseminating information have regard to any advice given to it by the committee that must be appointed by the HRA under paragraph 8(1) of Schedule 7 to the Act.

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