B v The General Medical Council

B v The General Medical Council

The Court of Appeal (majority: Sales LJ, Arden LJ) held that the GMC's decision to disclose the expert report to the patient under DPA s.7(4)-(6) was lawful. There is no presumption against disclosure in mixed data cases; the balancing exercise is fact-specific. The litigation motive is not a bar to disclosure and is only one factor among many. The GMC properly considered the relevant factors, including Dr B's objections, and its assessment was rational and lawful. The High Court judge erred in substituting his own assessment for that of the data controller and in applying a presumption against disclosure. The appeal was allowed and the injunction against disclosure was set aside.

Parties
Respondent/claimant: Dr B; Appellant/defendant: The General Medical Council
Jurisdiction
England and Wales
Judgment Date
28 June 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Subject Access Requests, Mixed Personal Data, Disclosure of Expert Reports, Article 8 ECHR, Data Protection Act 1998, Litigation Motive in Data Requests
Data Protection Medical Law Human Rights Subject Access Requests Mixed Personal Data Disclosure of Expert Reports Article 8 ECHR Data Protection Act 1998 +1 more

Case Brief

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Parties

Dr B

Respondent/claimant

The General Medical Council

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the GMC's decision to disclose an expert report containing mixed personal data under a subject access request was lawful under the Data Protection Act 1998, section 7(4)-(6)
  2. 2 Whether the litigation motive of the requester is a weighty factor against disclosure in mixed data cases
  3. 3 Whether the High Court judge erred in substituting his own assessment for that of the data controller (GMC)

Ratio Decidendi

The Court of Appeal (majority: Sales LJ, Arden LJ) held that the GMC's decision to disclose the expert report to the patient under DPA s.7(4)-(6) was lawful. There is no presumption against disclosure in mixed data cases; the balancing exercise is fact-specific. The litigation motive is not a bar to disclosure and is only one factor among many. The GMC properly considered the relevant factors, including Dr B's objections, and its assessment was rational and lawful. The High Court judge erred in substituting his own assessment for that of the data controller and in applying a presumption against disclosure. The appeal was allowed and the injunction against disclosure was set aside.

Court Disposition

Appeal allowed

Orders

  • Injunction against disclosure set aside
  • GMC's decision to disclose the report to the patient reinstated