Health and Social Care (Community Health and Standards) Act 2003

136 Disclosure of information obtained by CHAI E+W

(1) This section applies to information which—

(a) has been obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and

(b) relates to and identifies an individual.

(2) Subject to section 137, a person is guilty of an offence if he knowingly or recklessly discloses information to which this section applies during the lifetime of the individual to which it relates.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4) For the purposes of subsection (1)(b), information obtained by the CHAI, or any person authorised by it, is to be regarded as identifying an individual if that individual can be identified—

(a) from that information, or

(b) from that information and from other information obtained by the CHAI or any person authorised by it.

Commencement Information

I1 S. 136 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)