Part 4: Medical Devices Chapter 4: Disclosure of Information and Consequential etc Provision Section 39: Disclosure of information
Section 39 concerns the disclosure of information and applies in relation to information the Secretary of State holds regarding medical devices.
	Section (2) provides that the Secretary of State may disclose information in order to warn the public about safety concerns relating to a device.
	Subsection (3) provides that information held by the Secretary of State may be disclosed to a person who provides services or exercises functions in relation to medical devices, in order to allow either the Secretary of State, or another person, to exercise a function or provide a service in relation to medical devices.
	Subsection (4) provides that the Secretary of State may disclose information for the purposes of certain legal proceedings.
	Subsection (5) provides the Secretary of State with the power to disclose information to a relevant person outside of the UK the disclosure is required to give effect to an international agreement or arrangement concerning the regulation of medical devices, and the Secretary of State considers that the disclosure is in the public interest.
	Subsection (6) provides that no identifiable patient information can be disclosed under the power in subsection (5) without the consent of the individual to whom the information relates.
	Subsection (7) provides that commercially sensitive information may only be disclosed for the purposes set out in subsections (2), (3), (4) or (5), if the Secretary of State considers that disclosure is necessary, and that the disclosure of such information is a proportionate way of achieving one of the listed purposes.
	Subsection (8) provides that information disclosed in reliance on subsection (3) or (4), must not be used or further disclosed by the recipient for any purpose other than the purpose for which it was originally disclosed. The two exceptions set out in (a) and (b) are, firstly if the use or further disclosure is with the agreement of the Secretary of State and for a purpose in subsection (3) or (4); and secondly, if the use or further disclosure is in accordance with an enactment or order of a court or tribunal.
	Subsection (9) provides that, except as provided by subsection (10) (see below), a disclosure of information under this power does not contravene on obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information.
	Subsection (10) provides that nothing in this section allows disclosures of information that breach data protection legislation (subject to the powers conferred by this section) or are prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .
	Subsection (11) makes it clear that this section does not limit the circumstances in which information may be disclosed under any other enactment or rule of law (for example under common law powers).
	Subsection (12) provides definitions of terms used in section 39.