Legally required data disclosures
The national data opt-out does not cover data disclosures that you're required to make by law.
Mandatory legal requirements
Some data disclosures are required by law, and in these cases the national data opt-out does not apply.
These include disclosures:
- to NHS Digital, when we have been directed to collect data (under s259 of Health and Social Care Act 2012)
- to the Office for National Statistics (ONS) for official statistics
- to the Care Quality Commission under their statutory powers in support of their inspection role
- required during investigations by regulators of a registered professional's fitness to practice
- to report notifiable diseases, including food poisoning
- requested by the police or coroner to investigate certain types of crime or incident
- for safeguarding purposes (The Children Act 1989)
- to report female genital mutilation (FGM)
- required through a court order
More information
For further examples of mandatory disclosures to which the opt-out does not apply, see 6.4: Information required by law or court order, and Appendix 5: Information required by law or court order in the operational policy guidance document.
Last edited: 31 October 2019 10:17 am