Reasonable Expectations of Privacy and Disclosure of Health Data
Mark Taylor, James Wilson
Medical Law Review | Oxford University Press (OUP) | Published : 2019
The law of confidence allows for a range of defined circumstances in which confidential patient information (CPI) can be disclosed without breach of confidence—including statutory gateway and overriding public interest. Outside such circumstances, current guidance to health professionals (the ‘standard account’) assumes that CPI can only be lawfully disclosed with patient consent. This article argues that the standard account has not yet caught up with judgments, post the Human Rights Act 1998 coming into force, which have reinterpreted the law of confidence in the light of Article 8 of the European Convention on Human Rights. In particular, the article explains the significance of the conce..View full abstract
Awarded by i-sense EPSRC IRC in Early Warning Sensing Systems for Infectious Diseases
James Wilson's research was supported by the i-sense EPSRC IRC in Early Warning Sensing Systems for Infectious Diseases (Grant reference number EP/K031953/1).