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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am an adult seeing a private psychotherapist who received

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I am an adult seeing a private psychotherapist who received an unsolicited letter "in confidence" from a relative. As it contains data about me and i feel it infringed a private professional relationship and therefore my rights to privacy and a personal life (and possible contains defamatory content) I would like a copy. Although I have submitted a Subject Access Request, am I entitled to see the letter?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Has the therapist refused to disclose it?
Customer: replied 2 years ago.
Yes, saying it was "in confidence".
Customer: replied 2 years ago.
It is a third party letter but about me.
It is possible for correspondence like this to be sent "in confidence". Ideally, the recipient should seek the consent of the sender before disclosing such correspondence. Just because it contains data about you does not mean that it has to be disclosed to you, especially if it was provided in confidence. The Information Commissioner generally recommends taking the following factors into account when deciding on whether to disclose or not:· Any express assurance of confidentiality given to the sender.· Any relevant reasons the sender gives for withholding consent.· The potential or actual effect of the correspondence on the individual· Any risk to the sender (for example a realistic threat of violence or intimidation by the subject, in this case you, towards the sender). There is nothing specific which states they must provide the reference or that they must withhold it. It is all a matter of interpretation and an opinion based on the individual circumstances. Realistically, only a court can order the disclosure of the correspondence s if the therapist refuses to disclose it, your only chance of getting that done would be to go to court. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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