57—Permitted health situation

57.

(1) A permitted health situation referred to under regulation 55 (b) relates to the collection, use or disclosure by a data controller or data processor of personal data about a data subject, including for—

(a)  the collection of health information to provide a health service;

(b)  the collection, use, or disclosure of health data is for health research and related purposes;

(c)  the use or disclosure of genetic information where necessary and obtained in course of providing a health service;

(d)  the disclosure of health information for a secondary purpose to a responsible person for a data subject.

(2) A permitted health situation under sub-regulation (1) applies where a data controller or data processor discloses health data about a data subject, and—

(a)  they provide a health service to the data subject;

(b)  the recipient of the personal data is a responsible person for the data subject;

(c)  a data subject is either physically or legally incapable of giving consent to the disclosure, or physically cannot communicate consent to the disclosure;

(d)  the disclosure is necessary to provide appropriate care or treatment of a data subject, or the disclosure is made for compassionate reasons;

(e)  the disclosure is not contrary to any wish expressed by the data subject before the data subject became unable to give or communicate consent of which the carer is aware or of which the carer could reasonably be expected to be aware; and

(f)  the disclosure is limited to the extent reasonable and necessary to provide appropriate care or treatment of the individual or to fulfil the purpose of making a disclosure for compassionate reasons.

 

179  PART IX— PROVISIONS ON EXEMPTIONS UNDER THE ACT