BEGGS AGAINST THE SCOTTISH MINISTERS [2018] ScotCS CSOH_110 (27 November 2018)

BEGGS AGAINST THE SCOTTISH MINISTERS [2018] ScotCS CSOH_110 (27 November 2018)

The respondent’s refusal to include SBSC correspondence as confidential is a policy and security-driven decision. The protection of medical data under Article 8 ECHR is not absolute and is qualified by security considerations. The operational assessment of risk and the nature of SBSC correspondence do not render the decision irrational or unlawful.

Citation
[2018] ScotCS CSOH_110
Parties
Petitioner: William Beggs; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
27 November 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Confidentiality of Prisoner Correspondence, Medical Data Protection, Prison Security Policy, European Convention on Human Rights Article 8
Prison Law Human Rights Confidentiality of Prisoner Correspondence Medical Data Protection Prison Security Policy European Convention on Human Rights Article 8

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Parties

William Beggs

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Is the refusal to include prisoners’ correspondence with the NHS Scottish Bowel Screening Centre as confidential correspondence unlawful?
  2. 2 Does the prison policy breach Article 8 ECHR regarding medical data confidentiality?

Ratio Decidendi

The respondent’s refusal to include SBSC correspondence as confidential is a policy and security-driven decision. The protection of medical data under Article 8 ECHR is not absolute and is qualified by security considerations. The operational assessment of risk and the nature of SBSC correspondence do not render the decision irrational or unlawful.

Court Disposition

petition refused

Orders

  • petition refused
  • questions of expenses reserved