As Jon says in DP terms although para 23 is pretty pointless since consent should not be the legal basis - you have a statutory duty under R16 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
However DP is not the problem - confidentiality is. Without consent that will require a Caldicott Guardian approval that consent may be dispensed with. The factors in para 23 do not directly apply (since they relate specifically to Art 9) but are relevant to the decision.
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