W, X, Y And Z, R (on the application of) v The Secretary of State for Health & Ors

W, X, Y And Z, R (on the application of) v The Secretary of State for Health & Ors

The transmission of non-clinical patient information by NHS bodies to the Secretary of State and onward to the Home Office, as required by the Guidance, does not breach common law rights to privacy or confidentiality, nor Article 8 ECHR, because patients are generally notified, the information is limited and subject to safeguards, and the statutory powers under the National Health Service Act 2006 sections 2 and 48 are sufficient. The Guidance does not unlawfully fetter discretion as there is no discretion to withhold the information. The appeal is dismissed.

Parties
Appellants: W, X, Y and Z; Respondent: Secretary of State for Health; Interested Party: Secretary of State for the Home Department; Intervener: British Medical Association
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Data Protection, Confidentiality, Statutory Powers, Article 8 ECHR, Immigration Law
Administrative Law Health Law Human Rights Data Protection Confidentiality Statutory Powers Article 8 ECHR Immigration Law

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Parties

W, X, Y and Z

Appellants

Secretary of State for Health

Respondent

Secretary of State for the Home Department

Interested Party

British Medical Association

Intervener

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the transmission of non-clinical patient information from NHS bodies to the Secretary of State and onward to the Home Office is lawful
  2. 2 Whether such transmission breaches common law rights to privacy/confidentiality
  3. 3 Whether NHS bodies and the Secretary of State have statutory or common law power to transmit the information

Ratio Decidendi

The transmission of non-clinical patient information by NHS bodies to the Secretary of State and onward to the Home Office, as required by the Guidance, does not breach common law rights to privacy or confidentiality, nor Article 8 ECHR, because patients are generally notified, the information is limited and subject to safeguards, and the statutory powers under the National Health Service Act 2006 sections 2 and 48 are sufficient. The Guidance does not unlawfully fetter discretion as there is no discretion to withhold the information. The appeal is dismissed.

Court Disposition

Appeal dismissed