Disclosure and confidentiality: a tale of two cases

Release of documents to non-parties

In the cross-currents of the common law principles of disclosure and confidentiality two cases over the past month stand out: DB v The General Medical Council [2016] EWHC 2331 (QB) Soole J and X Y and Z (Disclosure to the  Security Service) [2016] EWHC 2400 (Fam) judgment on 6 October 2016 (headed Commissioner for Police of the Metropolis v A Local Authority) MacDonald J. Both concerned confidentiality in documents and whether disclosure principles should override these: one in Data Protection Act 1998 decision-making and in the other in children proceedings. Both concern disclosure by or to third parties (ie ‘non-parties’ per CPR 1998 rr 5.4C and 31.22).

Both cases it seems to me raise questions for family lawyers over the release of court documents and information: in the first case as to when a report on an individual may be released to him/her perhaps for use in separate proceedings; and in the second as to when documents may be released to non-parties from children proceedings (eg to the security services).

Background

DB v GMC

In DB v GMC a...

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