Q&As on Privacy, Consent and sharing sensitive data

The law of confidentiality is not rigid. People have a common law right protecting information which they have provided in a context where a reasonable person would think that the information was obviously confidential. But that right gives way, in common law, to overriding public interest concerns, usually having to do with the prevention of […]

In Niemietz v Germany, the ECtHR considered it neither possible nor necessary to attempt an exhaustive definition of the notion of ‘private life’. The notion of a psychological ‘inner circle’ was too restrictive an interpretation. Thus ‘respect for private life’ has been held to encompass freedom to establish and develop relationships with others, freedom to

The Caldicott report was the product of a review of personally-identifiable information in 1997. It recommended that “Guardians” of personal information be created to safeguard and govern the uses made of confidential information within NHS organisations. The Caldicott principles and processes provide a framework of quality standards for the management of confidentiality and access to

We have highlighted the exceptions to consent which may be relevant to adult protection purposes. The conditions are as follows: (at least one has to apply) Schedule 2: Conditions relevant for processing of personal data: 1. The data subject has given his consent to the processing. 2. The processing is necessary – (a) for the