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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My medical history has got into my ex partners hands somehow.

Resolved Question:

My medical history has got into my ex partners hands somehow. This is information of a very serious nature. I believe there has been a breach of my confidentiality. Know body else new the information he now knows. I found out about this 48 hours ago. I have contacted the police who aren't interested and contacted my GP surgery who just reassure me this hasn't happen. It has, this information was only in their hands. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have the records been released to your ex Solicitor or direct to your ex please?

Customer:

Direct to him, He attened court unrepresented

Alex Watts :

Ok - but you don't know from whom?

Customer:

Or he could have got them another way? I not sure how.

Customer:

no, The information he has, only my doctor and councillor was aware of

Alex Watts :

Ok - was it in the Court bundle? Is that how he got it?

Customer:

My family wasn't even aware of this information, till he phoned my mum and disclosed it to her.

Alex Watts :

OK.

Customer:

I haven't signed anything for anyone to access my medical history so it couldn't have been a court bundle. I have contacted my solicitor and they don't have this information either.

Alex Watts :

And is it ONLY the GP that would have this?

Customer:

Yes

Alex Watts :

Ok - you need to write and make a formal complaint to the GP surgery

Alex Watts :

Explain that this is private information that only they would have

Alex Watts :

If you do not get a satisfactory response then you can complain to the Information Commissioner

Alex Watts :

They can investigate the matter for you: www.ico.gov.uk

Alex Watts :

They can investigate and prosecute where necessary

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have discussed it over the phone with the practise manager. I have just written a letter of complaint. I have contacted the police who has been to see my ex partner. I have a non molestation order in place too. They have said they just think he is 'telling porkies' and told the surgery to hold off digging any deeper.

Alex Watts :

Indeed he may be. But you should write a formal complaint just in case

Customer:

He has now denied knowing this information. But he's knows a lot. I don't want this being public knowledge

Alex Watts :

If they say nothing has been disclosed you can chose to let the ICO investigate for you

Customer:

The information he knows cant be him kidding. He knows a lot. He definitely has information.

Alex Watts :

Indeed. This is why you need to take the steps I have outlined above

Customer:

ok, So I write a letter of complaint to the doctors. They are already saying there hasn't been a breech. So I should now complain the the people you have said, Information commission.

Alex Watts :

Yes once they have formally written to you and said there has been no breach

Alex Watts :

Does that help?

Alex Watts :

You have rated POOR SERVICE?

Alex Watts :

But I have suggested waiting until the Practice provide a formal response them complaining to the ICO?

Customer:

I was in the middle of asking something about the above, and you stepped out of this chat. I don't feel this has been fuly covered.

Customer:

*fully

Alex Watts :

Its when I switch screens, it does not mean I have gone

Alex Watts :

What else would you like to know?

Customer:

Oh, then I am sorry. I wasn't aware of this.

Customer:

Ok...

Alex Watts :

ok

Customer:

I was going to ask, is there anything more I can get the police to do. To carry on looking in...

Customer:

to my ex's side of thing. It states he can not pester, harras, beset, watch come within 100 metres etc etc

Customer:

If he has tried to get hold of this information, surely its a breech. Him contacting my mother with the information?

Alex Watts :

They can try and see how he got the records, but if they only held at the GP surgery then he has got hold of them or someone has told him what is in there

Customer:

Is this then a breech?

Customer:

Obtaining information on me (watching)

Customer:

has he broke a law by informing my mother of the abuse?

Alex Watts :

Only if they have disclosed it

Alex Watts :

And yes if he has stalked you

Alex Watts :

It would he harassment

Alex Watts :

He hasn't broken the law by telling your mother in law. Data Protection does not apply from one person to another

Alex Watts :

But take the steps I have outlined above

Customer:

ok. the information is only with them. So it has got to show up somewhere? Or is there a chance this may never to gotten to the bottom of?

Alex Watts :

It should be resolved one way or another

Alex Watts :

It has to be somewhere

Alex Watts :

So:

Alex Watts :

1) Written complaint

Alex Watts :

2) Wait for a response

Alex Watts :

3) Complain to ICO

Alex Watts :

Does that set out the steps?

Customer:

Yes it does. Thank you. I should hopefully get this with them 3 steps. It won't take anything more?

Alex Watts :

No, that should be it

Customer:

Thanks so much for your help. I will start with this process.

Alex Watts :

Great. Can I help with anything else today?

Customer:

No that is all, Thank you.

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