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The Patients' Forums (Functions) Regulations 2003

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Restrictions on disclosure of information to a Patients' Forum

6.—(1) A person shall not be required to produce information under regulation 5 (obtaining information) which—

(a)is confidential and relates to 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 or is protected by the common law, unless paragraph (3) applies.

(2) The conditions referred to in paragraph (1)(a) are—

(a)the information 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 of the disclosure of information arises because the information is capable of identifying an individual; and

(b)the information can be disclosed in a form from which the identity of the individual cannot be ascertained.

(4) In a case where the information falls within paragraph (1)(a) or (3)(b), a Patients' Forum may require the person holding the information to disclose the information in a form from which the identity of the individual concerned cannot be ascertained.

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