A doctor may deny a patient access to his health records if it is in the patient’s best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective. Citations: Gazette 19-Oct-1994, Independent 07-Sep-1994, Times 16-Aug-1994, [1995] 1 All ER 357 … Continue reading Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin: CA 7 Sep 1994
The Access to Health Records Act 1990 did not give retrospective rights of access to records which had been created before it was brought into effect. Citations: Times 02-Jun-1993, Gazette 14-Jul-1993, Independent 08-Jun-1993 Statutes: Access to Health Records Act 1990 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Mid Glamorgan Family Health … Continue reading Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin: QBD 2 Jun 1993
Judges: Mr Justice Jay Citations: [2014] EWHC 4364 (Admin) Links: Bailii Statutes: Access to Health Records Act 1990 3 Jurisdiction: England and Wales Information Updated: 30 April 2022; Ref: scu.541628
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ICO On 27 September 2009, the complainant requested that NHS Cambridgeshire should provide her with all the information that it held in relation to her deceased mother. NHS Cambridgeshire . . informed the complainant that it held a care file which was exempt from disclosure under section 41 of the Freedom of Information Act 2000. … Continue reading NHS Cambridgeshire (Decision Notice): ICO 18 Aug 2011
ICO Initially the complainant made a request to the Royal Surrey County Hospital (RSCH) under the Access to Health Records Act 1990 (AHRA) for information relating to her late husband’s treatment whilst he was a patient in the hospital. She then made a separate request under the Freedom of Information Act 2000 for four particular … Continue reading Royal Surrey County Hospital (Decision Notice): ICO 20 Dec 2006
ICO The complainant requested from Cambridgeshire County Council (the council) its most up to date adopted Policy on access to social care, domiciliary care, health and medical records for a deceased individual. The council disclosed its Data Protection Policy and confirmed it complied with the Data Protection Act 1998, the Freedom of Information Act 2000 … Continue reading Cambridgeshire County Council (Decision Notice): ICO 31 May 2011
The complainant initially made a request to view the medical records of a deceased person. This request was dealt with under the Access to Health Records Act 1990 and the public authority refused to provide the information. The complainant made a second request asking for full access to the records held by the Trust about … Continue reading Walsall NHS Teaching Primary Care Trust (Decision Notice): ICO 13 Dec 2007
The requested information related primarily to complaints files, meetings and reports regarding the treatment and care of the complainant’s late son. Initially, the Trust released some information to the complainant under the Access to Health Records Act 1990, withheld some information citing section 42, of the Freedom of Information Act 2000 (legal professional privilege), and … Continue reading South Essex Partnership NHS Foundation Trust (Decision Notice): ICO 8 Aug 2007
The complainant has requested a deceased individual’s medical records. The General Medical Council (GMC) says the requested information is exempt from disclosure under section 21 of the FOIA as it is already reasonably accessible to the complainant through other means, namely the Access to Health Records Act 1990. The Commissioner’s decision is that the requested … Continue reading General Medical Council (Local Government (Other)): ICO 10 Jan 2017
ICO The complainant requested that Cambridgeshire and Peterborough NHS Foundation Trust should provide her with all the information it held in relation to her deceased mother. The Trust confirmed that it held a health care file but refused to disclose it under section 41(1) of the Freedom of Information Act 2000. The complainant argued that … Continue reading Cambridgeshire and Peterborough Nhs Foundation Trust (Decision Notice): ICO 18 Aug 2011
The complainant requested a copy of a medical report written by a Consultant regarding the care of his late mother. This report was written by the Consultant following a visit to her home in 1991. The public authority offered to provide the complainant with a copy of the report under the Access to Health Records … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 19 Feb 2007
ICO The complainant submitted a request to Cornwall Council (‘the Council’) for details regarding the decision to place an individual (since deceased) into care. The Council provided some information but refused to disclose other information on the basis that it constituted part of the deceased’s health records. It informed the complainant that the information would … Continue reading Cornwall Council (Decision Notice): ICO 10 May 2010
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The complainant has requested a copy of the full set of care records for his deceased daughter. Central and North West London NHS Foundation Trust (the Trust) provided the complainant with a full set of care records under the Access to Health Care Records Act 1990 (AHRA). The complainant does not consider that he has … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 6 Oct 2011
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
The required Form PP was not on the clinic’s file. Theis J set out four issues which accordingly arose: (1) Did X sign the Form PP so that it complied with section 37(1) of the 2008 Act? (2) If X did, was the Form PP subsequently mislaid by the clinic? (3) Was the treatment ‘provided … Continue reading X v Y v St Bartholomew’s Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent): FC 13 Feb 2015
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to ‘technical or commercial information’ within the definition of ‘intellectual property’ in section 72(5) of the … Continue reading Phillips v Mulcaire: SC 24 May 2012
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 2012
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
