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3(1)If a relevant minister thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person in England, the data may be disclosed to the minister or a person acting on the minister’s behalf.
(2)Sub-paragraph (1) applies to the disclosure of data by a relevant authority, a best value authority or an NHS foundation trust otherwise than in response to a requirement under paragraph 2 as it applies to other disclosures of data.
(3)Sub-paragraph (1) does not authorise—
(a)a disclosure which contravenes the Data Protection Act 1998, or
(b)a disclosure prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
(4)Data may not be disclosed under sub-paragraph (1) if the data comprise or include patient data.
(5)“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006) and from which the individual can be identified.
(6)A disclosure under sub-paragraph (1) does not breach—
(a)any obligation of confidence owed by a person making the disclosure, or
(b)any other restriction on the disclosure of information (however imposed).
(7)This paragraph does not limit the circumstances in which data may be disclosed apart from this paragraph.
(8)Data matching exercises may include data provided by a body or person outside England.
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