John Hughes on 27 May 2004 at 16:55 said:-
> I have received a complaint from a patient that we have
> disclosed some medical information (relating to an attendance
> in our A & E department) to the defence solicitor in a court
> case in which he is taking legal action against his former employer.
You do not state in what form the disclosure was made. Would the hospital
disclose medical file details directly to an insurance companies solicitor
regarding a contractual dispute with the data subject over an insurance
claim for - say testicular cancer resulting in loss of a leg? (Bearing in
mind that any material held by a solicitor is generally available to their
client if they request it.)
If the disclosure was made via doctor/s with the requisite expertise who
compiled a report for the solicitor(s) based upon the relevant facts of the
case and the pertinent medical details it may be in order. Outside of that
I would have thought a court order was necessary.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> John Hughes
> Sent: 27 May 2004 16:55
> To: [log in to unmask]
> Subject: Disclosure to defence solicitor
>
>
> I bit of legal advice would be appreciated if possible:
>
> I have received a complaint from a patient that we have
> disclosed some medical information (relating to an attendance
> in our A & E department) to the defence solicitor in a court
> case in which he is taking legal action against his former employer.
>
> Have we done wrong here? S35 expemption in the DP Act states
> that personal data are exempt from non-disclosure provisions
> where the disclosure is necessary for the purpose of, or in
> connection with, any legal proceedings (ncluding prospective
> legal proceedings).
>
> It seems clear cut to me - but am I being too simplistic here
> - perhaps we should not have disclosed to "the opposition",
> so to speak.
>
> Regards
> John
>
>
> John Hughes
> Data Protection Officer
>
> Mayday Hospital, Croydon, Surrey
>
>
>
>
>
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