One of the challenges faced by researchers is how appropriate people can be identified so that their consent can be sought either to participate in a research study directly or for the use of their tissue or confidential health information for medical research.

The attached advice is intended to clarify:

• the circumstances where support under Section 251 is needed to use confidential patient information to identify and contact relevant individuals;
• how individuals might be identified and contacted without needing support under Section 251; and
• under what conditions the NIGB's Ethics and Confidentiality Committee (ECC) would be able to support the use of confidential patient information prior to obtaining consent.

The key questions that need to be considered are set out in Identifying and contacting research participants (PDF, 36Kb), October 2010.

There are also a number of Frequently asked questions with answers, which seek to provide practical advice which is consistent with the law, and a Summary of the legal framework (PDF, 39Kb).

The legal aspects are explained in more detail in the NHS Confidentiality Code of Practice.