Annex C - Legal and Professional Obligations
There are a range of legal and professional obligations that limit,
prohibit or set conditions in respect of the management, use and disclosure of information and, similarly,
a range of statutes that permit or require information to be used or disclosed. Where necessary, organisations
should obtain professional legal advice on the application of these provisions. The key legal and professional
obligations covering personal and other information listed in this Annex are as follows:
- The Access to Health Records (Northern Ireland)
Order 1993
- The Access to Personal Files and Medical Reports (Northern Ireland)
Order 1991
- Administrative Law
- The Adoption Agencies Regulations (Northern Ireland) 1989
- The Blood Safety and Quality Regulations 2005 (as amended)
- The Census (Confidentiality) (Northern Ireland) Order 1991
- The Civil Evidence (Northern Ireland) Order 1997
- The Common Law Duty of Confidentiality
– Confidentiality: DHSSPS code of practice (PDF 111KB) - The Computer Misuse Act 1990
- The Congenital Disabilities (Civil Liability) Act 1976
- The Consumer Protection (Northern Ireland) Order 1987
- The Control of Substances Hazardous to Health Regulations (Northern
Ireland) 2003
- The Copyright, Designs and Patents Acts 1988
- The Data Protection Act (DPA) 1998
- The Data Protection (Processing of Sensitive Personal Data)
Order 2000
- Directive 2001/83/EC of the European Parliament and of the Council
of 6 November 2001 on the Community Code Relating to Medicinal Products for Human Use
- The Electronic Communications Act 2000
- The Environmental Information Regulations 2004
- The Foster Placement (Children) Regulations (Northern Ireland)
1996
- The Freedom of Information Act (FOIA) 2000
- The Gender Recognition Act 2004
- The Gender Recognition (Disclosure of Information) (England,
Wales and Northern Ireland) (No. 2) Order 2005
- The Health & Personal Social Services, General Dental Services
(Amendment) Regulations (Northern Ireland) 2008
- The Health & Personal Social Services, General Medical Services
Contracts Regulations (Northern Ireland) 2004
- The Health and Safety at Work (Northern Ireland) Order 1978
- The Health and Social Services (Reform) Act (Northern Ireland)
2009
- The Human Fertilisation and Embryology Act 1990, as amended
by the Human Fertilisation and Embryology Act 2008
- The Human Rights Act 1998
- The Limitation (Northern Ireland) Order 1989
- Police Act 1997 and the Memorandum
to A Code of Practice for Third Party recipients of Criminal Record Information
- The Privacy and Electronic Communications (EC Directive) Regulations
2003
- Public Health Act (Northern Ireland) 1967
- The Public Interest Disclosure (Northern Ireland) Order 1998
- The Public Records Act (Northern Ireland) 1923
- Disposal of Documents Order (Northern Ireland)1925
- The Radioactive Substances Act 1993
- The High-activity Sealed Radioactive Sources and Orphan Sources
Regulations 2005
- The Re-use of Public Sector Information Regulations 2005
- The Sexual Offences (Amendment) Act 1992 (as amended by the
Youth Justice and Criminal Evidence Act 1999)
Relevant Standards and Guidelines
- BSI DISC BIP 0008
- BS 5454:2000
- BS ISO/IEC 17799:2005 BS ISO/IEC 27001:2005 BS 7799-2:2005
- ISO 15489
- ISO 19005 – 1:2005
- The Records Management Controls Assurance Standard
- The Northern Ireland Records Management Standard
Professional Codes of Conduct
- British Association of Social Workers
- The British Dental Association (BDA) Northern Ireland
- The British Medical Association (BMA) Northern Ireland
- The Chartered Society of Physiotherapy: Rules of Professional Conduct
- The General Dental Council
- The General Medical Council
- The Health Archives Group (HAG)
- Health Professions Council
- NI Social Care Council: Codes of Practice for Social Care Workers and Employers
- The Nursing and Midwifery Council
- The Pharmaceutical Society of Northern Ireland
- The Royal College of General Practitioners
- The Royal College of Pathologists
- The Royal College of Physicians
- The Royal College of Surgeons of England
