Human Fertilisation and Embryology Act 2008

The Act is retrospective and applies to information obtained before and after it was passed.

The Act

Information which has been obtained by any person as a member or an employee of the Human Fertilisation and Embryology Authority (HFEA), a person to whom a licence applies, including those covered by third party agreements, those to whom directions from the HFEA have been given, and authorised people who are carrying out functions which have been contracted out to them by the HFEA (and their members of staff or employees), may not be disclosed except to the categories of person or in the circumstances specified in the Act.

The Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004 (SI 1511) prescribe the information which the HFEA will provide to persons who have attained the age of 18 and who may have been born in consequence of treatment services under the Act.

Records management considerations

To meet the requirements of this Act, organisations must ensure they have processes in place to ensure that such information is available only to those permitted access.

This is especially important as regards paper records, where information on this form of treatment is likely to be included within past medical history (particularly hospital records). 

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