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Words: | Submitted: Tue Jun 20 2006
... of each case. In X v Y2, a Health Authority sought an injunction to prevent a national newspaper publishing the names of two practising doctors who were receiving treatment for AIDS. The Court balanced the public interest in freedom of the press against the public interest in maintaining hospital records confidential. The Court found that lack of publication of the information would be of minimal significance since there was a wide ranging public debate about AIDS generally. In balancing these competing interests it should be noted that disclosure should in any event only be made to a relevant party - there should be no blanket disclosure. Subsequently the scope of medical confidentiality was considered by the Court of Appeal in W v Egdell3. This case arose out of the proposed disclosure to the Home Office of a report about the mental condition of a psychiatric patient in a secure hospital. The ...
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