Human Rights Case Defends Privacy Of Medical Records

Human Rights Case Defends Privacy Of Medical Records

Northamptonshire County Council Must Explain Why It Is Sharing My Medical Records With Northamptonshire Police Force And Other Parties Without My Informed Consent.

Court rules that an application to see someone’s medical records against their will would be a breach of their human rights.

Medical records

17 June 2004

Specialist human rights solicitor, Sean Humber,  acted for a client who was unhappy about the application by a third party for a court order which would force his doctors to release his medical records without his permission. The third party argued that they needed to see our client’s medical records in their investigation of a personal injury claim which was being brought by another member of his client’s family against them.

European Convention on Human Rights

The judge rejected the application for the court order, which he described as ‘unique and novel’. He said the disclosure of the records would be a breach of our client’s rights under Article 8 of the European Convention on Human Rights, which protects our right to respect for a private and family life.

Sean Humber said:

“It is pleasing that the Court has upheld an individual’s right to keep his or her medical records private and recognised that the disclosure of this information, without the person’s permission, would amount to a breach of human rights.”

The case was A-v-X and B(non party).

Source: 17 June 2004

Medical Records Confidentiality

 Medical Records Confidentiality is a major issue for everyone. Health Records are sensitive data and only you choose with whom to share it.

Access to Medical Reports Act 1988

An Act to establish a right of access by individuals to reports relating to themselves provided by medical practitioners for employment or insurance purposes and to make provision for related matters. Click here to read more>>> 

University Of Southampton Decides To Stop Teaching Social Work 




About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
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13 Responses to Human Rights Case Defends Privacy Of Medical Records

  1. In defence of sharing information, I would like to input another viewpoint gleaned from personal tragedy: Vulnerable individuals – be these children, persons of diversity or the elderly – may not be able to self-advocate and if healthcare professionals are not able to access pertinent information, there is potential for crucial flags to be missed. For example, the individual presenting with a broken limb to one hospital and then, suffering similar injury and presented to another, would be immediately flagged were information shared between facilities. There needs to be a balance between honouring a person’s right to anonymity and their right to protection.

    • towardchange says:

      Thanks for sharing Velvet.

      ‘Persons of diversity’
      Useful Concepts in Anti-oppression

      Diversity refers to the presence of a wide variety of identity characteristics
      amongst the people in a particular community: old and young, big and
      small, from a wide variety of ethnic groups, representing different religions,
      from all classes, disabled and non-disabled, with a wide range of lifestyles
      and political beliefs, of different sexual orientations, and in a range of
      parental and family roles.

      The opposite of a diverse community is a closed community, where the
      community is built around one identity within a category, to the exclusion
      of other identities within that category: for example, older people only,
      disabled people only, rich people only, Jews only. Communities may be
      closed by choice.

      Cultural competence
      This refers to the ability of an individual or an organisation to acquire
      sufficient knowledge of the culture of diverse groups to increase tolerance,
      understanding and acceptance and to reduce stereotypes, misunderstandings
      Concepts and prejudice (Pope-Davis et al., 2003). In a health and social care
      context, where the aim is not just to accept people but also to help and support them, such knowledge can have the additional function of ensuring
      that support is provided in a culturally sensitive and respectful way.

      Competent community
      The concept of a competent community refers to one that is able to include
      and cater for all the needs of a wide variety of identity groups – ideally all
      identity groups.

      To do everything wrong and then turn around and state we are now doing everything right, without paying out compensation to the individual who suffered because of the wrong doing (what they put the person through), is called corruption.
      The easiest way to do this is by the organisations in question intentionally sharing information amongst themselves via the injured person’s medical records. How?
      By labelling the person vulnerable, but the topic shows they still need the informed consent of the individual in question. In effect the organisations involved intentionally produce actions and information to create the affect.
      When the injured person is paid compensation, the only available remedy for the wrong-doings. Then the actions of the pubic body can not be viewed as corrupt and any help the public body is offering should be deemed as genuine.

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