Continuity of information

Duty to share information
3
In Part 9 of the Health and Social Care Act 2012 (health and adult social care services: information), after section 251A (as inserted by section 2 of this Act) insert—

Duty to share information
251B
1
This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
2
The relevant person must ensure that the information is disclosed to—
a
persons working for the relevant person, and
b
any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
but this is subject to subsections (3) to (6).
3
Subsection (2) applies only so far as the relevant person considers that the disclosure is—
a
likely to facilitate the provision to the individual of health services or adult social care in England, and
b
in the individual's best interests.
4
The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
a
the individual objects, or would be likely to object, to the disclosure of the information;
b
the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
c
for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
5
This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
a
any provision made by or under the Data Protection Act 1998, or
b
a common law duty of care or confidence.
6
This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).
S. 3 in force at 1.10.2015 by S.I. 2015/1438, reg. 3(b)