(1)The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions.
(2)A specified public authority must so far as reasonably practicable comply with a request made to it under this section.
(3)A public authority which discloses information to the Commissioner in pursuance of subsection (2) does not breach any obligation of confidence owed by the public authority in relation to that information; but this does not apply in relation to patient information.
(4)“Patient information” means information (however recorded) which—
(a)relates to the physical or mental health or condition of an individual, to the diagnosis of an individual's condition or to an individual's care or treatment, or is to any extent derived directly or indirectly from such information, and
(b)identifies the individual or enables the individual to be identified (either by itself or in combination with other information).
(5)Except as provided by subsection (3), subsection (2) does not require or authorise any disclosure of information which contravenes a restriction on the disclosure of information (however imposed).
(6)In this section “specified public authority” means a public authority listed in Schedule 3.
(7)The Scottish Ministers may by regulations amend that Schedule so as to—
(a)add or remove a public authority having only functions which are exercisable in or as regards Scotland (a “Scottish public authority”);
(b)amend an entry relating to a Scottish public authority.
(8)The Department of Justice in Northern Ireland may by regulations amend that Schedule so as to—
(a)add or remove a public authority having only functions which are exercisable in or as regards Northern Ireland (a “Northern Irish public authority”);
(b)amend an entry relating to a Northern Irish public authority.
(9)The Secretary of State may by regulations amend that Schedule so as to—
(a)add or remove a public authority which is not a Scottish public authority or a Northern Irish public authority;
(b)amend an entry relating to a public authority which is not a Scottish public authority or a Northern Irish public authority.
(10)Regulations under subsection (7), (8) or (9) which add a public authority to Schedule 3 may contain provision modifying the application of this section in relation to that authority.
Commencement Information
I1S. 43 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(c)