Although of course, while Regs 4 & 5 of the Patient Info Regs make clear that the duty of confidentiality is set aside by the s251 approval, some may consider that the reservation in s251(7) indicates that the DP issues are not affected.
If we read s251(7) as "Regulations under this section may not make provision for or in connection with the processing of prescribed patient information in a manner inconsistent with any provision made by or under the GDPR" (I have not checked to see if DP Bill amends this) it is perhaps not so clear that the stratification approval authorises profiling as such ... Indeed it seems to clearly suggest that the profiling must be authorised other than under the Patient Regs
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