Postulate: C has a dataset A which is not currently identifiable data but if it was identifiable would be subject to a duty of confidentiality.
Dataset A is to be supplied to O.
Assume: O's current uses do not require identification and there is no reasonable possibility of re-identification.
O's future intention is to make the data identifiable (big assumption that this can even be done without contradicting the postulate but go with it) and link it with other identifiable datasets B C and D. If that comes to fruition it will not be a breach of confidentiality at that time as the linkage and uses will have statutory authorization.
Q. Does this future intention to make the data identifiable destroy my postulate that the data is not identifiable - in which case it cannot be supplied now without breaching confidentiality (there is no suggestion of getting consent - explicit or implied).
My gut reaction is no - since when the change comes it will have a valid legal basis.
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