§ Mr. WrayTo ask the Secretary of State for Health when he last discussed with the Data Protection Registrar the matter of health record confidentiality and the pros and cons of providing non-statutory guidance on the matter.
§ Mr. DorrellI refer the hon. Member to the reply I gave him on 15 October at column137.
§ Mr. WrayTo ask the Secretary of State for Health how many prosecutions have been initiated by his Department for the violation of health records confidentiality; and if he will make a statement.
§ Mr. DorrellThe Department has not initiated any such prosecutions. The confidentiality of health records is protected by the law of confidence and not the criminal law. Any breach of the duty of confidence may be actionable by the patient or the relevant authority. Unauthorised use or disclosure of personal health information by health authority staff would also be regarded as a serious disciplinary matter.