ABSTRACT
In the context of confidentiality, the obligation is justified by the utility of doctors keeping medical information secret. The General Medical Council (GMC) issues guidance to doctors on their obligations in respect of confidentiality, but it must be remembered that guidance issued by the GMC does not purport to be an account of the law. A rights-based approach might regard the duty of keeping confidences as a respect for the right to privacy. The European Convention on Human Rights, incorporated into English law by the Human Rights Act 1998, protects the right to a 'private life'. The Access to Health Records Act 1990 and the Data Protection Act 1984, both contained exemptions, enabling data/record holders to withhold access to medical records in certain circumstances. The main medical record exemption in respect of the Data Protection Act 1998 is contained within the Data Protection Order 2000 SI 2000/413.
