However, the NHS Trusts (Venereal Diseases) Regulations 1991 prevent the
disclosure of any identifying information about a patient with a
sexually transmitted disease (including HIV and AIDS) other than to a
medical practitioner (or to a person employed under the direction of a
medical practitioner) in connection with and for the purpose of the
treatment of the patient, or to prevent the spread of disease.
Nic
-----Original Message-----
From: Maurice Frankel [mailto:[log in to unmask]]
Sent: 26 March 2004 12:00
To: [log in to unmask]
Subject: Re: Sexual Health Data disclosure
The NHS (Venereal Diseases) Regulations 1974 have in fact been
repealed. Best to ignore my original post - and apologies for setting
hares running here.
Maurice
On 25 Mar 2004, at 15:57, Maurice Frankel wrote:
> 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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