Without a court order, how did you know how much (if any) information was necessary for the legal proceedings?
Tony
-----Original Message-----
From: John Hughes [mailto:[log in to unmask]]
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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