Confidentiality and Privacy

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Return to Case Index Return to the Law database A Health Authority v X & Others (2001)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Respect for Private Life /

Medical records – confidentiality – human rights – privacy There was a compelling public interest requiring the disclosure of medical records to a health authority investigating allegations that medical practitioners had breached their terms of service. However, domestic law imposed on each public body an obligation to take appropriate steps to preserve confidentiality when transmitting […]

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ABC v St. George’s Healthcare NHS Trust, South West London & St. George’s Mental Health NHS Trust & Sussex Partnership NHS Foundation Trust (2017)

Advocacy, Involvement, Participation, Information rights and Consultation, Confidentiality and Privacy, Data Protection Legislation in Adult Social or Health Care, Information sharing for statutory functions within health and social care, Information sharing to relatives, advocates and outsiders to the statutory process, Personal Data and Sensitive Personal Data /

Keywords: Confidentiality, Liability for non-disclosure ABC’s father had shot and killed her mother in 2007 and was sentenced under the Mental Health Act to a Hospital Order with Restrictions. He was diagnosed in 2009 with Huntington’s Disease (a progressive and fatal condition of the central nervous system) which causes mental, emotional, physical and behavioural deterioration. 

ABC v St. George’s Healthcare NHS Trust, South West London & St. George’s Mental Health NHS Trust & Sussex Partnership NHS Foundation Trust (2017) Read More »

Whistleblowing and Pida

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Confidentiality and Privacy, Data Protection Legislation in Adult Social or Health Care, Freedom of Information, Information Rights /

The topic of whistleblowing has always been controversial, and particularly so with reference to the NHS and social services. In recent times the term has gone from being associated with the disclosure of an employer’s confidential information to the press (by what were perceived, more often than not, to be disgruntled employees), to being more

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Confidentiality and Privacy

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Confidentiality and Privacy /

Different codes of confidentiality apply to different professions, and it is the common law which gives clients a legal right to confidentiality with regard to certain types of information, or information which is given in certain circumstances. The basic rule is that if someone receives information about a person in a situation where it would

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Should a local authority or health authority give access to an incapacitated person’s records to a third party?

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Data Protection Legislation in Adult Social or Health Care, Freedom of Information, How the Mental Capacity Act affects the Care Act, Information Commissioner Guidance, Information Rights, Information sharing with respect to the data of people lacking in capacity to consent, Privacy, Consent and Sharing Information Q&As, Q&As on Privacy, Consent and sharing sensitive data /

One instance of this where the law is now much clearer is that an independent advocate appointed by a local authority (under s.67 or 68 Care Act)  “may examine and take copies of any relevant records relating to the individual in circumstances where … the individual does not have capacity … but the independent advocate

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TB (The Queen on the Application of) v The Combined Court at Stafford and The Crown Prosecution Service & South Staffordshire Healthcare NHS Trust [2006] EWHC 1645 (Admin)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Data Protection Legislation in Adult Social or Health Care, Information sharing for statutory functions within health and social care, Judicial Review, Personal Data and Sensitive Personal Data, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Respect for Private Life, The relevance of the criminal law to health and social care /

The claimant was a 14 year old girl at the time of this application for judicial review.  She was the main prosecution witness in the trial of a man, W, charged in the Crown Court Stafford, with sexual offences against her.  He was eventually convicted of two counts of sexual activity with a child contrary

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Maddock v Devon County Council (13 August 2003) (QBD)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Data Protection Legislation in Adult Social or Health Care, Exceptions to the expectation of confidentiality, Personal Data and Sensitive Personal Data, Qualifications to Article 8 Rights, Respect for Private Life /

M was a single mother. Social Services had been involved in the upbringing of her son, A, almost since his birth. A’s name had been placed on the child protection register under the category of emotional abuse. He spent much of his childhood in the care of foster parents. In 1996, when A was 14,

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Baker v Secretary of State for the Home Department (1 October 2001) (unreported) (Information Tribunal)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 the right to respect for home, family, private life and correspondence, Confidentiality and Privacy, Human Rights in health and Social Care /

Disclosure – data protection – confidentiality – human rights – right to family life This was an appeal to the Information Tribunal (formerly Data Protection Tribunal), to quash a certificate issued by the Home Secretary permitting the Security Service to give a non-committal reply (ie to neither confirm nor deny) to all enquires about personal

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A v National Probation Service [2003] EWHC 2910 (Admin)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Exceptions to the expectation of confidentiality, Respect for Family Life, Respect for Private Life /

Information sharing – disclosure – human rights   X was being considered for early release from a life sentence for murder. The National Probation Service (NPS) carried out a risk assessment of X and the likelihood of re-offending or harming others as required under legislation and the Home Office’s OASYS and the Multi-Agency Public Protection

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A v Independent News and Media Limited [2010] EWCA Civ 343

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Care Planning, Budgets and Choice Rights, Confidentiality and Privacy, How the Mental Capacity Act affects the Care Act, Power of attorney and deputyship - scope and limitations, Privacy in the Court of Protection, Relevance of Mental Capacity to Care Planning, Respect for Private Life, The involvement of the Court of Protection in care planning under various public functions /

This case involved consideration by the Court of Appeal of the Court of Protection Rules as to whether hearings should be held in private or in public, it involved proceedings issued in respect of a severely disabled adult, A, who was blind and had severe learning disabilities had attained public and international recognition as a

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