New Clause 25 — Misuse of data provided by the Health and Social Care Information Centre: offence

Oral Answers to Questions — Treasury – in the House of Commons at 2:30 pm on 11th March 2014.

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Votes in this debate

‘(1) A person or entity commits an offence if they misuse, or negligently allow the misuse of information they have requested and received from the Health and Social Care Information Centre.

(2) “Misuse” means—

(a) using information in a way that violates the agreement with the Health and Social Care Information Centre;

(b) using information in a way that does not violate the agreement with the Health and Social Care Information Centre, but that gives rise to use that is outside the agreed limits of use; or

(c) using information supplied by the Health and Social Care Information Centre in such a way as to allow or enable individual patients to be identified by a third party.

(3) A person who is guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to an unlimited fine;

(b) on conviction on indictment, to imprisonment for not more than two years or a fine, or both.

(4) An entity who is guilty of an offence under subsection (1)—

(a) is liable to an unlimited fine; and

(b) must disclose the conviction on all future applications to access data from the Health and Social Care Information Centre.’.—(Mr Jamie Reed.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 222, Noes 291.

Division number 227 Treasury — New Clause 25 — Misuse of data provided by the Health and Social Care Information Centre: offence

Aye: 222 MPs

No: 291 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.