Mr X and Forth Valley NHS Board [2014] ScotIC 090_2014 (24 April 2014)

Mr X and Forth Valley NHS Board [2014] ScotIC 090_2014 (24 April 2014)

The Commissioner held that the requested information was exempt from disclosure as it constituted personal data and its release would breach patient confidentiality under section 38 of the Freedom of Information (Scotland) Act 2002.

Citation
[2014] ScotIC 090_2014
Parties
Applicant: Mr X; Respondent: Forth Valley NHS Board
Jurisdiction
Scotland
Judgment Date
24 April 2014
Procedural Posture
Scottish Information Commissioner Decision / Final Decision
Outcome
request refused
Legal Topics
Patient Records, Doctor Consultations, Freedom of Information
Information Law Health Law Patient Records Doctor Consultations Freedom of Information

Case Brief

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Parties

Mr X

Applicant

Forth Valley NHS Board

Respondent

Procedural Posture

Scottish Information Commissioner Decision / Final Decision

Legal Issues

  1. 1 Whether Forth Valley NHS Board was required to disclose patient and doctor consultation records to Mr X under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner held that the requested information was exempt from disclosure as it constituted personal data and its release would breach patient confidentiality under section 38 of the Freedom of Information (Scotland) Act 2002.

Court Disposition

request refused

Orders

  • Forth Valley NHS Board is not required to disclose the requested patient and doctor consultation records to Mr X