Council Disclose Medical Records Without Consent

Mr Matthew McConville has successfully represented Melanie Stanley and her daughter in a claim for compensation against London Borough of Tower Hamlets Council.

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Council Disclose Medical Records of Mother and Daughter Without Consent

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Data Breach Department, has successfully represented Melanie Stanley and her daughter in a claim for compensation against London Borough of Tower Hamlets Council.

Ms Stanley attended a Child Protection Conference that was held by the Council to discuss the welfare of her daughter. Following the same, the Council’s Social Work Team disclosed Ms Stanley and her daughter’s medical records in an unredacted form and without consent to all those whom were at such a meeting. The said records included extremely sensitive and private medical information so upon notification of what happened, Ms Stanley lodged a complaint to the Council and in response, they confirmed that a breach had occurred; profusely apologising too. In addition, the Local Government and Social Care Ombudsman confirmed that the Council failed to comply with data protection legislation.

Representation

After this, Ms Stanley approached specialist Data Breach Solicitors, Irvings Law, for assistance for her and her daughter. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Ms Stanley and her daughter by way of “no win, no fee” presenting a claim to the Council on the basis that their human rights to privacy were breached as well as GDPR following this misuse of private information.

Resolution

After presenting the claim and despite the above admission by both the Council and the Ombudsman as well as an apology too, the Council sought to dispute liability leaving Ms Stanley and her daughter with no other option but to issue and serve Court proceedings. Shortly before Trial, the Council decided to formally admit liability and Ms Stanley and her daughter’s claims were then settled for £2,500.00 and £1,000.00 plus the payment of their legal costs respectfully.

 

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