General Dental Council v Savery & Ors [2011] EWHC 3011 (Admin) (16 November 2011)

General Dental Council v Savery & Ors [2011] EWHC 3011 (Admin) (16 November 2011)

The GDC is lawfully entitled under the Dentists Act 1984 to use and disclose patient dental records in its possession for the purposes of investigating and prosecuting allegations of professional misconduct against a registered dentist, without the need for court approval or patient consent, provided that such use is necessary, proportionate, and subject to statutory and data protection safeguards. The statutory regime provides adequate legal basis and safeguards to satisfy Article 8 ECHR and the Data Protection Act 1998. The public interest in effective professional regulation outweighs individual confidentiality in this context.

Citation
[2011] EWHC 3011 (Admin)
Parties
Claimant: The General Dental Council; Interested Party: Mrs Ruth Savery; Interested Party: Mr Jaber Dikir; Interested Party: Mr Thamir Alkurwi; Interested Party: Mr Kamran Attaei; Interested Party: Mr Khaireddin Basel; Interested Party: Mr Wahaib Marmar; Interested Party: Mrs Fadwa Sabbagh; Interested Party: Mrs Abdulrazzack; Interested Party: Ms Maysoon Ahmed; Interested Party: Mrs Soham Alsalehy; Interested Party: Mrs Fatmel El Zein; Interested Party: Mrs Fabiane Ferreira; Interested Party: Mr Aziz Jaffar; Interested Party: Mrs Zahr Motsideni Zadeh; Fifteenth Interested Party: Mr Zuhair Al-Naher
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Administrative Application for Declaration / Judgment on Application for Permission to Use and Disclose Dental Records
Outcome
Application granted. Declaration made in favour of the GDC.
Legal Topics
Disclosure of Medical Records, Professional Disciplinary Proceedings, Article 8 ECHR (right to Privacy), Data Protection Act Compliance, Statutory Interpretation, Common Law Confidentiality
Administrative Law Health Law Human Rights Law Data Protection Disclosure of Medical Records Professional Disciplinary Proceedings Article 8 ECHR (right to Privacy) Data Protection Act Compliance +2 more

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Parties

The General Dental Council

Claimant

Mrs Ruth Savery

Interested Party

Mr Jaber Dikir

Interested Party

Mr Thamir Alkurwi

Interested Party

Mr Kamran Attaei

Interested Party

Mr Khaireddin Basel

Interested Party

Mr Wahaib Marmar

Interested Party

Mrs Fadwa Sabbagh

Interested Party

Mrs Abdulrazzack

Interested Party

Ms Maysoon Ahmed

Interested Party

Mrs Soham Alsalehy

Interested Party

Mrs Fatmel El Zein

Interested Party

Mrs Fabiane Ferreira

Interested Party

Mr Aziz Jaffar

Interested Party

Mrs Zahr Motsideni Zadeh

Interested Party

Mr Zuhair Al-Naher

Fifteenth Interested Party

Procedural Posture

Administrative Application for Declaration / Judgment on Application for Permission to Use and Disclose Dental Records

Legal Issues

  1. 1 Whether the General Dental Council (GDC) may use and disclose patient dental records for disciplinary proceedings without court approval and without patient consent
  2. 2 Whether such use and disclosure is lawful under the Dentists Act 1984, the Data Protection Act 1998, and Article 8 of the European Convention on Human Rights

Ratio Decidendi

The GDC is lawfully entitled under the Dentists Act 1984 to use and disclose patient dental records in its possession for the purposes of investigating and prosecuting allegations of professional misconduct against a registered dentist, without the need for court approval or patient consent, provided that such use is necessary, proportionate, and subject to statutory and data protection safeguards. The statutory regime provides adequate legal basis and safeguards to satisfy Article 8 ECHR and the Data Protection Act 1998. The public interest in effective professional regulation outweighs individual confidentiality in this context.

Court Disposition

Application granted. Declaration made in favour of the GDC.

Orders

  • It is lawful for the GDC to use and disclose the dental records of the fourteen patients for the purposes of disciplinary proceedings against Dr Al-Naher, without court approval or patient consent, subject to statutory and data protection safeguards.