Data Protection Subject Access Request and Mixed Personal Data

The Court of Appeal has given judgment on a case concerning an expert report to the GMC on medical treatment which contained personal data of both the doctor and the patient

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 1746

A more detailed analysis of the case will follow.


Published: 2018-06-28T17:00:00

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