 the Data Protection (Subject Access Modification) (Health)) Order 2000; or  information relating to or provided by an individual, other than the patient, who could be identified from that information and who has not consented to the disclosure. See section 7(4) of the 1998 Act. The Department of Health4 and the British Medical Association5 have issued guidance on confidentiality and disclosure. 2.58. As part of their counselling, the agency should explain to the child's parents why it needs access both to the child's medical records and to their medical records and why further examinations or tests could be beneficial. While the parents retain sole parental responsibility for the child, the agency will need their written, informed consent to apply for access to the child's medical records and their written consent to apply for access to their medical records. Health information about the birth parents, their children and other third parties cannot be recorded or shared without explicit consent and there is no secure basis in law for overriding a refusal to give consent. 2.59. Where the agency is seeking to obtain the parent’s written consent, the agency should emphasise the importance of health information and the central role it plays in anticipating and providing for the child's current and future health needs. The 4 Confidentiality: NHS Code of Practice. 5 Confidentiality and disclosure of health information tool kit. 47 agency should also provide the parents or guardian with reassurances that any information obtained about them will be safeguarded to protect its confidentiality, including written information about its arrangements for protecting information. The 1998 Act requires that data subjects are provided with 'fair processing information'. This consists of 