From memory, the NHS (Venereal Diseases) Regulations contain a near
absolute prohibition on disclosure, except in very limited
circumstances. It may even be an offence to disclose the information.
You will have to look at these Regs very carefully.
The Data Protection Act is probably going to be irrelevant here: it
can't relax a statutory prohibition. I'm not sure the Crime and
Disorder Act (at least s 115) changes the position in cases where there
is an express prohibition on disclosure.
As Roland says, you should wait for a court order.
Maurice Frankel
Campaign for Freedom of Information
On 25 Mar 2004, at 13:31, Kitching, Susan wrote:
> I'm posting to the list in hope of a definitive answer but I have a
> feeling
> I might not get one!
>
> The police force have made a request to a hospital relating to a murder
> investigation which took place in 1964, the case was unresolved and
> now new
> evidence has come to light. The request is relating specifically to
> patients who attended Genitourinary Medicine (Sexual Health Clinic)
> over a
> three month period back in 1964. Apparently a request was made back
> at the
> time of the initial investigation but the police were refused. The
> police
> have made the request again and the debating has begun as the hospital
> still
> retain such records. I can't get straight in my mind the relationship
> between the DPA, Crime and Disorder Act and the NHS (Venereal Diseases)
> Regulations which prevent the disclosure of any identifying information
> about the patient with a venereal disease other than to a medical
> practitioner under specified circumstances.
>
> My initial reaction is that the hospital should disclose but we
> negotiate
> the level of information provided.
>
> Any other ideas?
>
>
> Susan Kitching
> Joint Agencies Information Sharing Officer
> Telephone: 01709 823504
> Strategic Services, Crinoline House
> Effingham Square
> Rotherham
> S65 1AW
>
>
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