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Human Fertilisation and Embryology Act 1990

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This is the original version (as it was originally enacted).

33Restrictions on disclosure of information

(1)No person who is or has been a member or employee of the Authority shall disclose any information mentioned in subsection (2) below which he holds or has held as such a member or employee.

(2)The information referred to in subsection (1) above is—

(a)any information contained or required to be contained in the register kept in pursuance of section 31 of this Act, and

(b)any other information obtained by any member or employee of the Authority on terms or in circumstances requiring it to be held in confidence.

(3)Subsection (1) above does not apply to any disclosure of information mentioned in subsection (2)(a) above made—

(a)to a person as a member or employee of the Authority,

(b)to a person to whom a licence applies for the purposes of his functions as such,

(c)so that no individual to whom the information relates can be identified,

(d)in pursuance of an order of a court under section 34 or 35 of this Act,

(e)to the Registrar General in pursuance of a request under section 32 of this Act, or

(f)in accordance with section 31 of this Act.

(4)Subsection (1) above does not apply to any disclosure of information mentioned in subsection (2)(b) above—

(a)made to a person as a member or employee of the Authority,

(b)made with the consent of the person or persons whose confidence would otherwise be protected, or

(c)which has been lawfully made available to the public before the disclosure is made.

(5)No person who is or has been a person to whom a licence applies and no person to whom directions have been given shall disclose any information falling within section 31(2) of this Act which he holds or has held as such a person.

(6)Subsection (5) above does not apply to any disclosure of information made—

(a)to a person as a member or employee of the Authority,

(b)to a person to whom a licence applies for the purposes of his functions as such,

(c)so far as it identifies a person who, but for sections 27 to 29 of this Act, would or might be a parent of a person who instituted proceedings under section 1A of the [1976 c. 28.] Congenital Disabilities (Civil Liability) Act 1976, but only for the purpose of defending such proceedings, or instituting connected proceedings for compensation against that parent,

(d)so that no individual to whom the information relates can be identified, or

(e)in pursuance of directions given by virtue of section 24(5) or (6) of this Act.

(7)This section does not apply to the disclosure to any individual of information which—

(a)falls within section 31(2) of this Act by virtue of paragraph (a) or (b) of that subsection, and

(b)relates only to that individual or, in the case of an individual treated together with another, only to that individual and that other.

(8)At the end of Part IV of the [1984 c. 35.] Data Protection Act 1984 (Exemptions) there is inserted—

35AInformation about human embryos, etc

Personal data consisting of information showing that an identifiable individual was, or may have been, born in consequence of treatment services (within the meaning of the Human Fertilisation and Embryology Act 1990) are exempt from the subject access provisions except so far as their disclosure under those provisions is made in accordance with section 31 of that Act (the Authority’s register of information).

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