Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (03 March 2020)

Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (03 March 2020)

The Data Protection Act 1998 does not apply to purely verbal disclosures; the duty of confidence was expressly qualified to permit disclosure to the GP in circumstances of serious concern for welfare; LGBT Foundation is not a public authority for HRA 1998 purposes; and the disclosure was justified and proportionate in the circumstances.

Citation
[2020] EWHC 483 (QB)
Parties
Claimant: David Paul Scott; Defendant: LGBT Foundation Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Civil / Summary Judgment And/or Strike Out Application
Outcome
Claim dismissed
Legal Topics
Data Protection Act 1998, Breach of Confidence, Human Rights Act 1998, Article 8 ECHR, Summary Judgment, Public Authority Definition
Data Protection Confidentiality Human Rights Data Protection Act 1998 Breach of Confidence Human Rights Act 1998 Article 8 ECHR Summary Judgment +1 more

Case Brief

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Parties

David Paul Scott

Claimant

LGBT Foundation Limited

Defendant

Procedural Posture

Civil / Summary Judgment And/or Strike Out Application

Legal Issues

  1. 1 Whether a verbal disclosure constitutes processing of personal data under the Data Protection Act 1998
  2. 2 Whether the disclosure amounted to a breach of confidence at common law
  3. 3 Whether LGBT Foundation is a public authority for the purposes of the Human Rights Act 1998

Ratio Decidendi

The Data Protection Act 1998 does not apply to purely verbal disclosures; the duty of confidence was expressly qualified to permit disclosure to the GP in circumstances of serious concern for welfare; LGBT Foundation is not a public authority for HRA 1998 purposes; and the disclosure was justified and proportionate in the circumstances.

Court Disposition

Claim dismissed

Orders

  • Summary judgment granted for the defendant
  • All causes of action struck out