B v The General Medical Council [2018] EWCA Civ 1497 (28 June 2018)

B v The General Medical Council [2018] EWCA Civ 1497 (28 June 2018)

The Court of Appeal (majority) held that in mixed personal data cases, the dominant purpose of litigation is a significant factor to be weighed against disclosure, and that the GMC failed to give adequate weight to Dr B's privacy rights and objections. The balancing exercise under s.7(4)-(6) DPA must consider competing privacy interests, and the GMC's decision to disclose the full expert report to the complainant was unreasonable given the circumstances. The appeal was dismissed, upholding the High Court's injunction against disclosure.

Citation
[2018] EWCA Civ 1497
Parties
Respondent/claimant: Dr B; Appellant/defendant: The General Medical Council
Jurisdiction
England and Wales
Judgment Date
28 June 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Subject Access Requests, Mixed Personal Data, Disclosure of Expert Reports, Article 8 ECHR, Data Protection Act 1998
Data Protection Medical Law Human Rights Subject Access Requests Mixed Personal Data Disclosure of Expert Reports Article 8 ECHR Data Protection Act 1998

Case Brief

Summary, issues, holding and outcome

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Parties

Dr B

Respondent/claimant

The General Medical Council

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether disclosure of a mixed personal data expert report to a complainant is reasonable under s.7 of the Data Protection Act 1998
  2. 2 Whether the dominant purpose of litigation is a weighty factor against disclosure in mixed data cases
  3. 3 Whether there is a presumption against disclosure in mixed data cases under s.7(4) DPA

Ratio Decidendi

The Court of Appeal (majority) held that in mixed personal data cases, the dominant purpose of litigation is a significant factor to be weighed against disclosure, and that the GMC failed to give adequate weight to Dr B's privacy rights and objections. The balancing exercise under s.7(4)-(6) DPA must consider competing privacy interests, and the GMC's decision to disclose the full expert report to the complainant was unreasonable given the circumstances. The appeal was dismissed, upholding the High Court's injunction against disclosure.

Court Disposition

Appeal dismissed

Orders

  • Injunction preventing disclosure of the expert report to the complainant upheld
  • No further information to be disclosed to P