Z v Finland
The disclosure of a woman's HIV status in criminal proceedings against her husband, including her identity in a published judgment, breached her right to respect for private life.
Facts
Z's husband was prosecuted in Finland for attempted manslaughter, by knowingly exposing women to the risk of HIV infection. In the course of the proceedings, the court ordered Z's doctors to give evidence about her HIV status, and seized her medical records, in order to establish when her husband knew that he was infected. The judgment of the appeal court, which was made available to the press, disclosed her name and HIV status.
Legal principle
The European Court of Human Rights held that there had been violations of article 8. The court said that the protection of personal data, not least medical data, is of fundamental importance to a person's enjoyment of his or her right to respect for private and family life, and that respecting the confidentiality of health data is crucial not only to the sense of privacy of the patient but also to preserving his or her confidence in the medical profession and in the health services in general. The orders requiring the doctors to give evidence and the seizure of the records were justified by the needs of the criminal proceedings, but the disclosure of Z's identity and HIV status in the published judgment, and the short period for which the records were to be kept confidential, were not justified.
Related cases on confidentiality and medical information
- ABC v St George's Healthcare NHS Trust [2020] EWHC 455 (QB)
- Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457
- Hunter v Mann [1974] QB 767
- R (Axon) v Secretary of State for Health [2006] EWHC 37 (Admin), [2006] QB 539
- W v Egdell [1990] Ch 359
- X v Y [1988] 2 All ER 648
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
