Data Protection Subject Access Request and Mixed Personal Data

June 27, 2018

B v The General
Medical Council

[2018] EWCA Civ 1497
concerns a request made to the General Medicla
Council for disclosure of an expert report which highlighte3d failures in the
treatment of a patient by his doctor. The patient’s solicitors sought
disclosure of the report and the GP objected to disclosure. At first instance,
disclosure was ruled to be unreasonable. The GMC appealed.

The Court, by a
majority, upheld the appeal. Essentially, it rules that the assessment by the
GMC, as data controller, that the report was disclosable was lawful and
reasonable and should not be overridden. There is no presumption against disclosure,
as was suggested in Durant v Financial Services Authority
[2003] EWCA Civ

A more detailed
analysis of the case will follow.