Mental Health Act 2016
sec.778Offence to use or disclose personal information
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sec.778 Offence to use or disclose personal information
This section applies to a person who— is, or has been, a relevant person; and acquires, or acquired, personal information in the person’s capacity as a relevant person. The person must not use the personal information or disclose the information to anyone else. Maximum penalty—100 penalty units. However, the person may use or disclose the personal information— to the extent necessary to allow— the person to perform the person’s functions under this Act; or another relevant person to perform the other person’s functions under this Act; or if the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or See also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons. if the person to whom the information relates consents to the use or disclosure. s 778 sub 2022 No. 1 s 100 amd 2023 No. 9 s 16 (sec.778-ssec.1) This section applies to a person who— is, or has been, a relevant person; and acquires, or acquired, personal information in the person’s capacity as a relevant person. (sec.778-ssec.2) The person must not use the personal information or disclose the information to anyone else. Maximum penalty—100 penalty units. (sec.778-ssec.3) However, the person may use or disclose the personal information— to the extent necessary to allow— the person to perform the person’s functions under this Act; or another relevant person to perform the other person’s functions under this Act; or if the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or See also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons. if the person to whom the information relates consents to the use or disclosure.
- (a) is, or has been, a relevant person; and
- (b) acquires, or acquired, personal information in the person’s capacity as a relevant person.
- (a) to the extent necessary to allow— (i) the person to perform the person’s functions under this Act; or (ii) another relevant person to perform the other person’s functions under this Act; or
- (i) the person to perform the person’s functions under this Act; or
- (ii) another relevant person to perform the other person’s functions under this Act; or
- (b) if the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or Note— See also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons.
- (c) if the person to whom the information relates consents to the use or disclosure.