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Change 1
As published
261 Other dissemination of information
(1) NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
(a) which it obtains by complying with a direction under section 254 or a request under section 255, and
(b) which falls within subsection (2).
(1A) But NHS England may do so only if it considers that disseminating the information would be for purposes connected with—
(a) the provision of health care or adult social care, or
(b) the promotion of health.
(2) Information falls within this subsection if—
(a) the information is required to be published under section 260;
(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
(i) the relevant person has consented to the dissemination, or
(ii) NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
(d) NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated;
(e) NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
(3) A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction.
(4) NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information.
(5) NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
(a) the information has previously been lawfully disclosed to the public,
(b) the disclosure is made in accordance with any court order,
(c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
(d) 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,
(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,
(e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
(f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
(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.
(6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
(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).
(7) Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
(8) For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
(9) For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
Your change, as a redline
261 Other dissemination of information
(1) NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
(a) which it obtains by complying with a direction under section 254 or a request under section 255, and
(b) which falls within subsection (2).
(1A) But NHS England may do so only if it considers that disseminating the information would be for purposes connected with—
(a) the provision of health care or adult social care, or
(b) the promotion of health.
(2) Information falls within this subsection if—
(a) the information is required to be published under section 260;
(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
(i) the relevant person has consented to the dissemination, or
(ii) NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
(d) NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated;
(e) NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
(3) A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction.
(4) NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information.
(5) NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
(a) the information has previously been lawfully disclosed to the public,
(b) the disclosure is made in accordance with any court order,
(c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
(d) 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,
(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,
(e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
(f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
(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.
(6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
(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).
(7) Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
(8) For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
(9) For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
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