I am grateful to the Minister for her reply and for her assurance that in the vast majority of cases information should be conveyed to others in an anonymised format, the exception being where there are serious health and safety considerations. She mentioned that advice would be promulgated to organisations, as well as draft guidance.
The Minister also mentioned the common law duty of confidentiality, which will bind those in receipt of this type of information. I am not sure that she has totally reassured me on the issue of how guidance and advice, both of which are non-binding, can successfully prevent the disclosure of patient data in circumstances where it is neither consented to by the patient nor warranted by the circumstances. I accept that judgments have to be made in individual cases, but the key surely will be to have a set of criteria to assist people in making such judgments. I do not know whether such criteria exist or whether it is planned to formulate any.
The key here is enforceability, not within the health service but outside it. I should like to read the Minister’s reply and reflect on the issue further before deciding whether to bring it back on Report. I am grateful to noble Baroness for the comments that she has made. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Health Bill
Proceeding contribution from
Earl Howe
(Conservative)
in the House of Lords on Monday, 22 May 2006.
It occurred during Debate on bills
and
Committee proceeding on Health Bill.
Type
Proceeding contribution
Reference
682 c98GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2024-04-22 02:17:18 +0100
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