C2C1C4C5Part 1The Care Quality Commission

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C5

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C2C1C3Chapter 6Miscellaneous and General

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)

Information

I176Disclosure of confidential personal information: offence

1

This section applies to information which—

a

has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

b

relates to and identifies an individual.

2

A person is guilty of an offence if the person knowingly or recklessly discloses information to which this section applies during the lifetime of the individual.

3

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

a

on summary conviction, to imprisonment for a term not exceeding F3the general limit in a magistrates’ court, 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

In relation to an offence committed before F12 May 2022, the reference in subsection (3)(a) to F2the general limit in a magistrates’ court is to be read as a reference to 6 months.

5

For the purposes of subsection (1)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—

a

that information, and

b

other information obtained by the Commission.

6

Reference in this section and in sections 77 to 80 to information obtained or disclosed by the Commission includes information obtained or disclosed by a person authorised by the Commission.