57 judgments found.

Case GKPI10-1601

Country: Russia
Year: 2011
Court: Supreme Court
Citation: Case No. ГКПИ10-1601
Health Topics: Child and adolescent health, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
Facts:

N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more

Tags: Assisted reproductive technology, Children, Confidentiality, Disclosure, Informed choice, Non-disclosure, Patient choice, Secrecy
Download Judgment: English Russian

MGN Limited v. United Kingdom

Country: United Kingdom
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39401/04; (2011) 53 EHRR 5; [2011] ECHR 66; [2011] EMLR 20; [2011] 1 Costs LO 84; 29 BHRC 686
Health Topics: Controlled substances, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a publisher of a national daily newspaper in the United Kingdom, The Daily Mirror (the “applicant”). In early 2001 the applicant carried a front-page article entitled “Naomi: I am a drug addict”, placed between two color photographs of Ms. Naomi Campbell, a well-known model. The first photograph showed her dressed in a …Read more

Tags: Addiction, Disclosure, Drug abuse, Rehabilitation, Secrecy, Substance abuse
Download Judgment: English

NASA v. Nelson

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

This case involved a challenge to background checks for government jobs on the basis of constitutional privacy.  Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights:  a questionnaire that asked …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Health data, Health information, Health records, Medical records, Non-disclosure, People who use drugs, Secrecy, Substance abuse
Download Judgment: English

Baldivieso, César Alejandro s/ causa n° 4733

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Facts:

The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more

Tags: Access to health care, Cocaine, Confidentiality, Disclosure, Drug enforcement, Drug use, Health care professionals, Law enforcement, Non-disclosure, Notification, Police, Public hospitals, Secrecy
Download Judgment: Spanish

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
Download Judgment: English

Te Koeti v. Otago District Health Board

Country: New Zealand
Year: 2009
Court: Human Rights Review Tribunal
Citation: [2009] NZHRRT 24
Health Topics: Health information, Hospitals, Mental health, Violence
Human Rights: Right of access to information
Facts:

. (The tribunal noted that the request should have been made under the Health Information Privacy Code 1994, but accepted that this was immaterial for the purposes of the case.)  TK made it clear that he specifically wanted all the names of the nurses who had attended him. Although accepting that these names were part …Read more

Tags: Assault, Disclosure, Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Mental illness, Non-disclosure, Public hospitals, Secrecy
Download Judgment: English

Wyndowe v. Rousseau & Anor.

Country: Canada
Year: 2008
Court: Federal Court of Appeal
Citation: 2008 FCA 39
Health Topics: Health information
Human Rights: Right of access to information
Facts:

R received long-term disability benefits from an insurer, Maritime Life (“ML”). Pursuant to the terms of that insurance policy, ML had the right to commission an independent medical examination (“IME”) of R. ML retained the services of W to complete an IME on R. Following completion of the IME, W sent a formal written report …Read more

Tags: Disclosure, Freedom of information, Health data, Health records, Medical records, Secrecy
Download Judgment: English

Botros v Beadle

Country: Canada
Year: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more

Tags: Clinics, Confidentiality, Diagnostics, Disclosure, Freedom of information, Health care professionals, Health care workers, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-disclosure, Public hospitals, Secrecy, Testing
Download Judgment: English

M. v. United Kingdom

Country: United Kingdom
Year: 2007
Court: European Court of Human Rights
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
Facts:

The applicant, a mental health patient, brought action against the Secretary of State for Health alleging violations of Articles 8 (private life), 13 (ineffective remedy) and 46.1 (failure to change law) of the European Convention on human Rights when she was without power to change or even make objections to the identity of her ’nearest …Read more

Tags: Confidentiality, Disclosure, Health data, Health records, Medical records, Molestation, Remedies, Secrecy, Sexual abuse
Download Judgment: English

Royal Women’s Hospital v. Medical Practitioners Board of Victoria

Country: Australia
Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
Facts:

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Tags: Abortion, Confidentiality, Depression, Disclosure, Freedom of information, Handicapped, Health care professionals, Health care workers, Health records, Maternal health, Medical records, Misdiagnosis, Non-disclosure, Pregnancy, Public hospitals, Secrecy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English