Health Identifiers Act 2014

PART 1 Preliminary and General

1.. Short title and commencement

1.(1) This Act may be cited as the Health Identifiers Act 2014.

(2) This Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister, either generally or with reference to a particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(3) Without prejudice to the generality of subsection (2), an order under this section may appoint a day on which section 20(1) shall come into operation in relation to a Part of the National Register of Health Services Provider Identifiers specified in the order in so far as that Part relates to a class of health services providers specified in the order whose relevant information (health services provider) is contained in that Part.

2.. Interpretation

2.(1) In this Act—

“access”, in relation to a Register, includes to inspect the Register;

“Act of 2013” means the Health (Pricing and Supply of Medical Goods) Act 2013;

F1["Act of 2018" means the Data Protection Act 2018;]

“authorised disclosee” means—

(a) a person specified in Schedule 1, or

(b) subject to section 3(3) and (8), a person, or a person who falls within a class of persons, prescribed for the purposes of this paragraph;

“conditions” includes terms;

F2["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^48on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

“enactment” means an Act or statutory instrument or any portion of an Act or statutory instrument;

“equivalent person” shall be construed in accordance with section 12(1);

“European act” means an act or provision of an act, adopted by an institution of the European Union, an institution of the European Communities or any other body competent under the treaties governing the European Union;

“Executive” means the Health Service Executive;

“health”, in relation to an individual, includes the well-being of the individual;

“health practitioner” means—

(a) a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 or a medical practitioner practising medicine pursuant to section 50 of that Act,

(b) a registered dentist within the meaning of section 2 of the Dentists Act 1985,

(c) a registered pharmacist or registered pharmaceutical assistant within the meaning of the Pharmacy Act 2007,

(d) a registered nurse or registered midwife within the meaning of section 2(1) of the Nurses and Midwives Act 2011,

(e) a registered optometrist or registered dispensing optician within the meaning of section 2 of the Opticians Act 1956,

(f) a registrant within the meaning of section 3(1) of the Health and Social Care Professionals Act 2005,

(g) a person whose name is entered in the register of pre-hospital emergency care practitioners established under the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000), or

(h) a person who falls within a class of persons, being a class of persons who provide a health service, prescribed for the purposes of this paragraph;

“health service” means a health or personal social service (including personal care and any administrative service or other ancillary matter relating to the health or personal social service) provided to an individual—

(a) for—

(i) the screening, preservation or improvement of the health of the individual, or

(ii) the prevention, diagnosis, treatment or care of an illness or injury of the individual,

and

(b) by or under the direction of a health practitioner or relevant body;

“health services provider” means—

(a) a health practitioner who falls within a class of health practitioners prescribed for the purposes of this paragraph,

(b) a relevant body, or a relevant body which falls within a class of relevant bodies, prescribed for the purposes of this paragraph,

(c) a relevant employee of—

(i) a health practitioner referred to in paragraph (a), or

(ii) a relevant body referred to in paragraph (b),

(d) a relevant agent, who is an individual, of—

(i) a health practitioner referred to in paragraph (a), or

(ii) a relevant body referred to in paragraph (b),

or

(e) a relevant agent, who is not an individual, of—

(i) a health practitioner referred to in paragraph (a), or

(ii) a relevant body referred to in paragraph (b);

“health services provider identifier”, in relation to a health services provider, shall be construed in accordance with section 13(1);

“identifier” means an individual health identifier or a health services provider identifier;

“individual health identifier”, in relation to an individual, shall be construed in accordance with section 5(1);

“Minister” means the Minister for Health;

“National Register of Health Services Provider Identifiers” means the National Register of Health Services Provider Identifiers established and maintained under section 14(1);

"National Register of Individual Health Identifiers” means the National Register of Individual Health Identifiers established and maintained under section 6(1);

“number” includes an alphanumeric number;

“other identifying particulars”, in relation to an individual, means any one or more of the following particulars:

(a) surname;

(b) forename;

(c) date of birth;

(d) place of birth;

(e) sex;

(f) all former surnames;

(g) mother’s surname and all former surnames of his or her mother (including mother’s surname at mother’s birth);

(h) address;

(i) nationality;

(j) personal public service number (if any) within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

(k) date of death in the case of a deceased individual;

(l) signature (not being a signature which falls within a class of signatures prescribed as a class of signatures to which this paragraph does not apply);

(m) photograph (not being a photograph which falls within a class of photographs prescribed as a class of photographs to which this paragraph does not apply);

(n) subject to section 3(8), any other particulars (excluding clinical information relating to the individual) prescribed for the purpose of this paragraph that, in the opinion of the Minister, are relevant to identifying the individual;

F3["personal data" means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;]

“possession” includes control;

“prescribed” means prescribed by regulations made by the Minister;

“primary purpose” means the present, past or future provision of a health service to an individual;

F4["processing" means processing within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;]

“professional regulatory body” means—

(a) the Medical Council,

(b) the Dental Council,

(c) the Pharmaceutical Society of Ireland,

(d) the Nursing and Midwifery Board of Ireland,

(e) Bord na Radharcmhastóirí,

(f) a registration board established by or under the Health and Social Care Professionals Act 2005,

(g) the Pre-Hospital Emergency Care Council, or

(h) a body, being the regulatory body of a class of persons prescribed for the purposes of paragraph (h) of the definition of “health practitioner”, prescribed for the purposes of this paragraph;

“Register” means—

(a) the National Register of Individual Health Identifiers, or

(b) the National Register of Health Services Provider Identifiers;

“relevant agent”—

(a) in relation to a health practitioner referred to in paragraph (a) of the definition of “health services provider”, means an agent of the health practitioner in the health practitioner’s capacity as such and who falls within a class of such agents prescribed for the purposes of this paragraph, and

(b) in relation to a relevant body referred to in paragraph (b) of the definition of “health services provider”, means an agent of the relevant body in the relevant body’s capacity as such and who falls within a class of such agents prescribed for the purposes of this paragraph;

“relevant body” means—

(a) the Executive, or

(b) a body corporate, or an unincorporated body of persons, through which or in connection with which (whether by reason of employment or otherwise) a health practitioner, referred to in paragraph (a) of the definition of “health services provider”, provides a health service;

“relevant employee”—

(a) in relation to a health practitioner referred to in paragraph (a) of the definition of “health services provider”, means an employee of the health practitioner in the health practitioner’s capacity as such and who falls within a class of such employees prescribed for the purposes of this paragraph, and

(b) in relation to a relevant body referred to in paragraph (b) of the definition of “health services provider”, means an employee of the relevant body in the relevant body’s capacity as such and who falls within a class of such employees prescribed for the purposes of this paragraph;

“relevant information (health services provider)”, in relation to a health services provider, means—

(a) the provider’s health services provider identifier,

(b) some or all of the provider’s relevant particulars (health services provider) contained in the National Register of Health Services Provider Identifiers, or

(c) both the provider’s health services provider identifier and some or all of the provider’s relevant particulars (health services provider) contained in the National Register of Health Services Provider Identifiers;

“relevant information (individual) ”, in relation to an individual, means—

(a) the individual’s individual health identifier,

(b) some or all of the individual’s other identifying particulars contained in the National Register of Individual Health Identifiers, or

(c) both the individual’s individual health identifier and some or all of the individual’s other identifying particulars contained in the National Register of Individual Health Identifiers;

“relevant particulars (health services provider)”, in relation to a health services provider, means the provider’s particulars referred to in paragraph (a)(ii), (b)(ii), (c)(ii), (d)(ii) or (e)(ii), as appropriate, of subsection (1) of section 14;

“relevant purpose” means—

(a) a primary purpose, or

(b) a secondary purpose;

“secondary purpose” means—

(a) the promotion of patient safety, including clinical auditing and the investigation and reporting of patient safety incidents,

(b) the identification or prevention of a threat to public health,

(c) the management of health services, including—

(i) the planning, monitoring, delivery, improvement, auditing and evaluation of health services,

(ii) the investigation and resolution of complaints relating to health services, and

(iii) the management of national health systems,

(d) the carrying out of health research that is the subject of a research ethics approval (or any cognate expression) under an enactment or European act prescribed for the purposes of this paragraph,

(e) the performance of any function conferred on a person under this Act or another enactment for which the processing of identifiers is necessary,

(f) the provision of a scheme of health or health-related insurance operated by an undertaking authorised to so do under the Health Insurance Act 1994, or

(g) any—

(i) processing of relevant information (individuals) required to protect or prevent injury or other damage to the health or safety of an individual,

(ii) processing of relevant information (individuals) required by or under an enactment, rule of law or equity or order of a court,

(iii) processing of relevant information (individuals) that is F5[in accordance with the Data Protection Regulation and the Act of 2018] and required for—

(I) the purposes of obtaining legal advice,

(II) the purposes of, or in the course of, legal proceedings, or

(III) the purposes of, or in the course of, alternative dispute resolution procedures agreed between a service provider and an individual as a means of resolving a dispute,

or

(iv) subject to section 3(4) and (8), processing of relevant information (individuals) relating to health that is prescribed for the purposes of this subparagraph;

“specified person” means—

(a) a health services provider,

(b) a person specified in Schedule 2, or

(c) subject to section 3(5) and (8),a person, or a person who falls within a class of persons, prescribed for the purposes of this paragraph.

(2) A reference in this Act to a Part of the National Register of Health Services Provider Identifiers shall be construed in accordance with section 14(1).

3.. Regulations

3.(1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Subject to subsection (9), the Minister shall not prescribe a person, or a class of persons, for the purposes of paragraph (b) of the definition of “authorised disclosee” in section 2(1) unless the Minister is satisfied that it is in the public interest that that person, or a person who falls within that class of persons, as the case may be, be an authorised disclosee for the purposes of this Act.

(4) Subject to subsection (9), the Minister shall not prescribe a processing of relevant information (individuals) relating to health for the purposes of subparagraph (iv) of paragraph (g) of the definition of “secondary purpose” in section 2(1) unless he or she is satisfied that it is in the public interest that that processing be a secondary purpose for the purposes of this Act.

(5) Subject to subsection (9), the Minister shall not prescribe a person, or a class of persons, for the purposes of paragraph (c) of the definition of “specified person” in section 2(1) unless the Minister is satisfied that it is in the public interest that that person, or a person who falls within that class of persons, as the case may be, be a specified person for the purposes of this Act.

(6) Subject to subsection (9), the Minister shall not prescribe a class of specified persons and a class of relevant information (individuals) for the purposes of paragraph (b) of section 10(2) unless he or she is satisfied that it is in the public interest that a specified person who falls within that class of specified persons not have access, pursuant to paragraph (a) of section 10(2), to relevant information (individuals) that falls within that class of relevant information (individuals).

(7) (a) Subject to subsection (9), the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (c) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).

(b) Subject to subsection (9), the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (e) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).

(c) Subject to subsection (9), the Minister shall not prescribe a class of secondary purposes to which paragraph (e) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of secondary purposes.

(8) The Minister may, after consultation with the Data Protection Commissioner—

(a) prescribe a person, or a class of persons, for the purposes of paragraph (b) of the definition of “authorised disclosee” in section 2(1),

(b) prescribe particulars for the purposes of paragraph (n) of the definition of “other identifying particulars” in section 2(1),

(c) prescribe a processing of relevant information (individuals) relating to health for the purposes of subparagraph (iv) of paragraph (g) of the definition of “secondary purpose” in section 2(1),

(d) prescribe a person, or a class of persons, for the purposes of paragraph (c) of the definition of “specified person” in section 2(1),

(e) prescribe a class of persons and a class of relevant information (individuals) for the purposes of paragraph (b) of section 10(2),

(f) prescribe a class of relevant information (individuals) to which paragraph (c) of section 11(6) does not apply, or

(g) prescribe a class of relevant information (individuals) or a class of secondary purposes to which paragraph (e) of section 11(6) does not apply, or both.

(9) When determining whether or not a matter referred to in subsection (3), (4), (5), (6) or (7) is in the public interest, the Minister shall have due regard to protecting the privacy of individuals and securing the effective achievement of one or more than one relevant purpose.

(10) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

4.. Expenses

4. The expenses incurred by the Minister or any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Individual Health Identifiers

5.. Assignment of individual health identifier

5.(1) Subject to subsection (2), the Minister may assign a unique number (in this Act referred to as an “individual health identifier”) to—

(a) a living individual (whether or not the individual is ordinarily resident in the State) to whom a health service is being, has been or may be provided, or