17 June 2004
Specialist human rights solicitor
, Sean Humber, recently 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 our 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).
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