>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.
John
I am NOT a a lawyer but my understanding is that a court order is not a
prerequisite when applying the s.35(2) exemption. However, perhaps more
importantly, exemption from the non-disclosure provisions of the DPA does
not mean one is required to disclose. It just means you are not prohibited
from disclosing by virtue of the non-disclosure provisions of the Act. One
may have some other - very good - reason(s) for not disclosing personal
data (or at least not without consent or a court order) such as client or
patient confidentiality.
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
international: +44 (871) 716 5060
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