Scott v LGBT Foundation Ltd

Scott v LGBT Foundation Ltd

The Data Protection Act 1998 does not apply to purely verbal disclosures; the duty of confidence was qualified by the claimant's knowledge and the confidentiality policy permitting disclosure to protect his welfare; and the defendant is not a public authority for HRA 1998 purposes. All claims are dismissed as they disclose no reasonable grounds for trial.

Parties
Claimant: David Paul Scott; Defendant: LGBT Foundation Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Claim dismissed
Legal Topics
Data Protection Act 1998, Breach of Confidence, Article 8 ECHR, Summary Judgment, Public Authority Definition
Data Protection Confidentiality Human Rights Data Protection Act 1998 Breach of Confidence Article 8 ECHR Summary Judgment Public Authority Definition

Case Brief

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Parties

David Paul Scott

Claimant

LGBT Foundation Limited

Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether an oral disclosure of sensitive personal information to a GP by a charity constitutes a breach of the Data Protection Act 1998, breach of confidence, or violation of Article 8 ECHR
  2. 2 Whether the Data Protection Act 1998 applies to purely verbal disclosures
  3. 3 Whether the duty of confidence was qualified by the charity's confidentiality policy

Ratio Decidendi

The Data Protection Act 1998 does not apply to purely verbal disclosures; the duty of confidence was qualified by the claimant's knowledge and the confidentiality policy permitting disclosure to protect his welfare; and the defendant is not a public authority for HRA 1998 purposes. All claims are dismissed as they disclose no reasonable grounds for trial.

Court Disposition

Claim dismissed

Orders

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