The Court of Appeal upheld a decision by the GMC to disclose an expert report to a patient despite the patient’s data being mixed with personal data of a doctor, who objected to its disclosure.

A patient had complained to the General Medical Council about his GP. An expert report was produced in which personal data of the patient was inextricably mixed with that of the GP.

In Dr B v General Medical Council www.bailii.org/ew/cases/EWCA/Civ/2018/1497.html the Court of Appeal held that the GMC was entitled to disclose to the patient without the consent of the doctor, on the basis it was ‘reasonable’ to do so. The lower court was wrong to say the GMC should have given greater weight to the patient’s intention to litigate against the doctor.

This was a case under Data Protection Act 1998, but the relevant wording under DPA 2018 (which applies under GDPR) is very similar.

More: GDPR: Worker’s right to request disclosure>‘Fishing expeditions’ – requests motivated by litigation.