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7.—(1) An intermediary agency must not disclose any identifying information about the subject to the applicant without first obtaining the consent of the subject.
(2) The agency must take all reasonable steps to ensure that any person whose consent to disclosure is required under this regulation has enough information to enable that person to make an informed decision as to whether to give consent to any such disclosure.
(3) If the subject has died or the intermediary agency determines that he or she is incapable of giving informed consent, the intermediary agency may disclose such identifying information about the subject as it considers appropriate taking into consideration the matters set out in regulation 6.
(4) In this regulation and in regulations 9 and 12, “identifying information” means information which, whether taken on its own or together with other information possessed by the applicant, enables the subject to be identified or traced.
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