The Infected Blood Compensation Authority (IBCA) has been set up as the statutory independent body to deliver infected blood compensation to people who have been infected and affected by contaminated blood products.

IBCA has been created through the Victims and Prisoners Act 2024, which sets out IBCA's duties and obligations.

In particular, section 53 of the act gives IBCA legal powers to require that third parties provide information for the purposes of any matter connected with the administration of the infected blood compensation scheme.

This includes personal data such as medical records or information and, as confirmed by section 53(6), a disclosure of information “does not breach any obligation of confidence owed by the person making the disclosure, or any other restriction on the disclosure of information (however imposed)”.

NHS England and the Department for Health and Social Care have already shared guidance about the need to preserve all information which may be relevant to claims for infected blood compensation.

To meet the infected blood eligibility criteria and start a claim for compensation, IBCA may need medical information which is held by NHS colleagues.

When IBCA makes such a request, it is doing so using its legal powers. IBCA will only make these requests on behalf of people claiming compensation where the information is needed to support claims, and after this has been discussed with the person claiming compensation.

It is important that any requests for information which IBCA makes are dealt with as quickly as possible. This will ensure that people claiming compensation can have their case dealt with without further delay.