§ Harry CohenTo ask the Secretary of State for Health in relation to the Health Service (Control of Patient Information) Regulations 2002, what steps he will take to inform patients about(a) the disclosure of personal data to cancer registries and other bodies and (b) their right to object to such processing of personal data; and if he will make a statement. [59220]
§ Ms BlearsAll national health service bodies are already required by data protection legislation to provide patients with information about all likely processing and disclosures of personal data. The Information Commissioner has recently published guidance on the "Use and Disclosure of Health Data" which clarifies these requirements. The right to object to processing of personal data where the Health Service (Control of Patient Information) Regulations 2002 are in effect is provided by the Data Protection Act 1998 and awareness of these rights is promoted by the Information Commissioner.
1101WHowever, the Department will be issuing guidance to health service bodies that will both complement the Information Commissioner's and make it clear that where patients object to a disclosure under the permissive provisions of the Health Service (Control of Patient Information) Regulations 2002, their objections should normally be respected. A sample leaflet for informing patients about the regulations and what they should do if they are unhappy about possible disclosures will be included within this guidance.
§ Harry CohenTo ask the Secretary of State for Health what action he proposes to take if health professionals refuse to provide personal data to cancer registries and the like without the consent of the patient as required under the Health Service (Control of Patient Information) Regulations 2002. [59219]
§ Ms BlearsI have no plans to introduce a requirement for health professionals to provide personal data to cancer registries. While the Health Service (Control of Patient Information) Regulations 2002, when they come into force, would permit me to introduce such a requirement in the public interest I will only do so if so advised by the independent patient information advisory group. In the absence of such a requirement, the regulations are permissive rather than prescriptive, allowing but not requiring information to be disclosed. However, if such a requirement were to be introduced the action to be taken in cases of non-compliance will need to be determined on a case by case basis.