Disclosure for medical purposes5

1

It is not an offence under section 22 of the Act to disclose protected information if—

a

the disclosure is made to a health professional;

b

the disclosure is made for medical purposes; and

c

the person making the disclosure reasonably believes that the subject has given consent to the disclosure or cannot give such consent.

2

“Medical purposes” includes the purposes of preventative medicine, medical diagnosis and the provision of care and treatment.

3

“Health professional” means any of the following—

a

a registered medical practitioner;

b

a registered dentist within the meaning of section 53(1) of the Dentists Act 19842;

c

a registered pharmaceutical chemist within the meaning of section 24(1) of the Pharmacy Act 19543 or a registered person within the meaning of article 2(2) of the Pharmacy (Northern Ireland) Order 19764;

d

a registered nurse;

e

a person who is registered under the Health Professions Order 20015 as a paramedic or operating department practitioner;

f

a person working lawfully in a trainee capacity in any of the professions specified in this paragraph.