PART 9Health and adult social care services: information

F1CHAPTER 3Information about adult social care

Annotations:
Amendments (Textual)
F1

Pt. 9 Ch. 3 inserted (31.7.2022 but only for the insertion of ss. 277A (for specified purposes), 277B, 277C, 1.10.2022 but only for the insertion of s. 277A(6)) by Health and Care Act 2022 (c. 31), ss. 99, 186(6); S.I. 2022/734, reg. 3 (with regs. 13, 29, 30); S.I. 2022/1003, reg. 2(b)

277BRestrictions on onward disclosure of information

1

Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.

2

Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.

3

Subsections (1) and (2) do not restrict the disclosure of information where—

a

the person to whom the information relates has consented to the disclosure,

b

the information has previously been lawfully disclosed to the public,

c

the disclosure is in accordance with any court order,

d

the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

e

the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,

f

the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

g

the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).

4

In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.