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PART 3E+W

Power to use and disclose informationE+W

14.—(1) [F1A relevant person] may disclose the information described in paragraph (2) (“relevant information”), to any person (H) for the purposes of—

(a)carrying out a function under these Regulations, or

(b)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease.

(2) The relevant information referred to in paragraph (1) is—

(a)where an individual is required to self-isolate under [F2regulation 2A or 2B]—

(i)contact details [F3and date of birth] of that individual [F4and, where the relevant person holds the information, that individual’s gender],

[F5(ii)the date that the notification under regulation 2A or 2B was received by the individual or R, where the individual is a child,]

[F6(iia)the means by which that notification was given, and the postal address, telephone number or email address (as the case may be) used,

(iib)if the relevant person holds the information, whether the individual is participating in coronavirus related research (within the meaning given in [F7regulation 5(4)) or a testing scheme (within the meaning given in regulation 2D)]),]

(iii)the particular period in respect of which that individual is required to self-isolate calculated in accordance with regulation 3,

[F8(iiia)where the notification under [F9regulation 2A(1) or 2B(1)] was given to the individual [F10, or R where the individual is a child] otherwise than in person, a copy of the notification that was given but redacted to remove any information falling within paragraph (4D)(a),]

(iv)details of any notices issued or contemplated under regulation 12, or proceedings taken under regulation 13 in respect of that [F11individual,]

F12...

(b)confirmation an individual is not required to self-isolate under [F13regulation 2A or 2B].

(3) H may only use relevant information disclosed under paragraph (1) where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), H may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have that information—

(a)for the purpose of carrying out a function of the recipient under these Regulations,

(b)for the purpose of preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

[F14(4A) In addition, a relevant person may disclose the notification information [F15, any contextual information or the regulation 2C information] to H where it is necessary for H to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4B) H may only use notification information [F16, contextual information or regulation 2C information] where—

(a)it is necessary for the purposes of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4C) Subject to paragraph (6), H may only disclose notification information [F17, contextual information or regulation 2C information] to another person (“the recipient”) where it is necessary for the recipient to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4D) For the purposes of this regulation “notification information” means, [F18where an individual is required to self-isolate under regulation 2A or 2B]—

(a)whether—

(i)[F19regulation 2A(1)(a) or (b)] applies to the individual, because they have tested positive for coronavirus, or

(ii)[F20regulation 2B(1)(a) F21...] applies to the individual, because they have had, or come into, close contact with someone who has tested positive for coronavirus;

(b)where the notification was given to the individual [F22, or R where the individual is a child,] otherwise than in person, a copy of the notification that was given.]

[F23(4E) For the purposes of this regulation “contextual information” means—

(a)where the relevant person has reasonable grounds to believe that an individual is not complying, or will not comply, with any of the requirements in regulation 2A, 2B, 8 or 9 that apply in relation to that individual, that belief and the grounds for it;

(b)if when contacted by the relevant person for the purposes of, or in connection with, a function under these Regulations an individual has been violent, threatening, abusive or otherwise behaved in such a way as to make the relevant person fear for their safety or the safety of any other person carrying out a function under, or in connection with, these Regulations, that fact and the details of the relevant act or behaviour;

(c)if the relevant person has reasonable grounds to believe that an individual is, or may be, vulnerable, that belief and the grounds for it.

(4F) For the purposes of this regulation “the regulation 2C information” means, where an individual is notified under regulation 2C(1)(c)(iii)—

(a)the date the individual received that notification,

(b)the means by which that notification was given, and

(c)where that notification was given otherwise than in person, a copy of the notification that was given.]

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018;

(b)“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

[F24(c)“contact details”, in relation to an individual, means their name, address [F25and, where available, the telephone number and email address].]

[F26(d)“R” and “relevant person” have the meanings given in regulation 5(1).]

Textual Amendments

Commencement Information

I1Reg. 14 in force at 28.9.2020, see reg. 1(2)