Rare Cancers Act 2026
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Change 1
3 Disclosure of information for research purposes
(1) Section 261 of the Health and Social Care Act 2012 (power of NHS England to disclose information obtained in connection with information systems) is amended as follows. (2) In subsection (5), after paragraph (d) insert— (da) the disclosure is made for the purpose of facilitating the carrying out of relevant clinical trials (whether or not in the United Kingdom) by enabling potential participants in those trials to be identified and contacted, . (3) After subsection (5) insert— (5A) In subsection (5)(da) “relevant clinical trials” means clinical trials in connection with the research and development of orphan medicinal products for the diagnosis, prevention or treatment of cancers that in the opinion of NHS England are rare cancers; and for this purpose— “orphan medicinal product” means a medicinal product in relation to which the orphan criteria set out in regulation 50G(2) of the Human Medicines Regulations 2012 (S.I. 2012/1916) are met; “rare cancer” means a cancer that affects not more than 1 in 2000 people in the United Kingdom. (4) After subsection (6) insert— (6A) A power conferred by this section to process information does not authorise the processing of information which would contravene the data protection legislation (but the power is to be taken into account in determining whether the processing would contravene that legislation). (6B) In subsection (6A) “the data protection legislation” and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act).
3 Disclosure of information for research purposes
(1) Section 261 of the Health and Social Care Act 2012 (power of NHS England to disclose information obtained in connection with information systems) is amended as follows. (2) In subsection (5), after paragraph (d) insert— (da) the disclosure is made for the purpose of facilitating the carrying out of relevant clinical trials (whether or not in the United Kingdom) by enabling potential participants in those trials to be identified and contacted, . (3) After subsection (5) insert— (5A) In subsection (5)(da) “relevant clinical trials” means clinical trials in connection with the research and development of orphan medicinal products for the diagnosis, prevention or treatment of cancers that in the opinion of NHS England are rare cancers; and for this purpose— “orphan medicinal product” means a medicinal product in relation to which the orphan criteria set out in regulation 50G(2) of the Human Medicines Regulations 2012 (S.I. 2012/1916) are met; “rare cancer” means a cancer that affects not more than 1 in 2000 people in the United Kingdom. (4) After subsection (6) insert— (6A) A power conferred by this section to process information does not authorise the processing of information which would contravene the data protection legislation (but the power is to be taken into account in determining whether the processing would contravene that legislation). (6B) In subsection (6A) “the data protection legislation” and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act).
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