Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Robin Hopkins

22 11 2013

filingcabits-796239-W1200The absolute exemption at section 41 of the Freedom of Information Act extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions. Read the rest of this entry »





Case Law, Strasbourg, Putistin v Ukraine: court recognises claims for defamation of the dead – Hugh Tomlinson QC

22 11 2013

Death MatchIn the case of Putitstin v Ukraine (Judgment of 21 November 2013) the applicant complained of an article which, he said, defamed his dead father.  The Fifth Section accepted that the Article 8 of the Convention was engaged although the case failed on the facts because the applicant was only indirectly affected and the impact was remote. Read the rest of this entry »