Do we always have to disclose patient details to the police?

Some disclosures are required by law. For example, under the Terrorism Act 2000, it is an offence not to disclose information that might be of 'material assistance' in preventing an act of terrorism and apprehending a person planning to commit an act of terrorism. The Road Traffic Act 1988 also allows the police to require information from anyone, which may lead to identifying the driver.

Sometimes, the police will provide a valid court order that requires you to disclose information. Contact us for advice if there is any doubt at all (for example, you might be presented with an application for an order, rather than the order itself. We can check an anonymised copy for you).

If there is no legal requirement and no valid court order, the police may ask you to disclose confidential information about a patient under exceptions stated in Part 3 of the Data Protection Act 2018 when they are involved in the 'prevention or detection of crime' or 'the apprehension or prosecution of offenders'.

Disclosure is not mandatory under the Data Protection Act 2018, but you will need to consider the ethical balance between public protection and confidentiality.

These decisions can be difficult and are better taken with others (for example, your practice partners). You can consult your Caldicott guardian and data protection officer, and you are welcome to seek specific advice from the MDU.

This page was correct at publication on 30/01/2025. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.