Continuity of information

I13Duty to share information

In Part 9 of the Health and Social Care Act 2012 (health and adult social care services: information), after section 251A (as inserted by section 2 of this Act) insert—

251BDuty to share information

1

This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).

2

The relevant person must ensure that the information is disclosed to—

a

persons working for the relevant person, and

b

any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,

but this is subject to subsections (3) to (6).

3

Subsection (2) applies only so far as the relevant person considers that the disclosure is—

a

likely to facilitate the provision to the individual of health services or adult social care in England, and

b

in the individual's best interests.

4

The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—

a

the individual objects, or would be likely to object, to the disclosure of the information;

b

the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;

c

for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).

5

This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—

a

any provision made by or under the Data Protection Act 1998, or

b

a common law duty of care or confidence.

6

This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).