Journal article

REASONABLE EXPECTATIONS OF PRIVACY AND DISCLOSURE OF HEALTH DATA

Mark J Taylor, James Wilson

Medical Law Review | OXFORD UNIV PRESS | Published : 2019

Abstract

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..

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University of Melbourne Researchers

Grants

Awarded by i-sense EPSRC IRC in Early Warning Sensing Systems for Infectious Diseases


Funding Acknowledgements

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).