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The Commission for Patient and Public Involvement in Health (Functions) Regulations 2002
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- 2002 No. 3007
- Regulation 9
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Restrictions on disclosure of information to the Commission
9.—(1) A person shall not be required to produce information under regulation 7(1) which—
(a)is confidential and relates to and identifies a living individual, unless at least one of the conditions specified in paragraph (2) applies; or
(b)is prohibited from disclosure by or under any enactment, unless paragraph (3) applies.
(2) The conditions referred to in paragraph (1)(a) are—
(a)the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained; or
(b)the individual consents to the information being disclosed.
(3) This paragraph applies where—
(a)the prohibition on the disclosure of information arises because the information is capable of identifying an individual; and
(b)the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained.
(4) In a case where the disclosure of information is prohibited by paragraph (1), the Commission, or a person authorised by the Commission under regulation 8(1), may require the person holding the information to put the information in a form from which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.
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