I believe Rosemary may have been referring to Section 33 and not Section 35.
To Chris's reply, I can only refer interested parties to the link below. This gives the SI and the comments of the Patient Information Advisory Group. It does not look like a blanket permission to process without consent. It certainly makes the situation more complicated, when it's already difficult enough to explain to people in the service what they can and cannot legally do!
The link is at: http://www.doh.gov.uk/ipu/confiden/whatnew/index.htm
Roy Candy Data Protection Officer
Northampton General Hospital NHS Trust (01604 545885)
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