Council's Disclosure Non Anti-Social

An odd slant on the protection of confidentiality cropped upward inwards Maddock v Devon County Council, a mid-August out-of-term representative earlier Judge Rich (a Deputy Judge) which has somewhat belatedly come upward to low-cal through the subscription-only Lawtel service. What happened was this. Maddock wanted to learn a social worker in addition to obtained a academy identify to written report that subject. The council afterwards disclosed data on its files to the academy concerning Maddock's fitness to hold out a social worker, next which the academy withdrew Maddock's place. Maddock in addition to thus sued the council for damages for breach of confidence, for making allegedly negligent misstatements in addition to for infringement of Art.8 of the European Convention on Human Rights. The council conceded that at that topographic point was an obligation of confidentiality inwards honour of its files, but argued that the disclosure of the data was necessary inwards the populace interest, claiming that its social services had been involved inwards the upbringing of Maddock's boy around since his birth, that Maddock had refused to direct hold whatever responsibleness for his difficulties in addition to that his advert was eventually placed on the fry protection register on the soil of emotional abuse. The council later refused to withdraw its communications. As a resultant of the council's disclosure, the academy removed Maddock from the course of teaching after conducting its ain inquiry, having given Maddock an chance to set her case.

Judge Rich QC dismissed all Maddock's claims. In doing thus he observed that it was for the council to determine whether to brand the disclosure since at that topographic point was no requirement for it to obtain a courtroom ruling earlier doing so. He added that inwards general, equally a thing of expert practice, a political party inwards the council's position, inwards a representative such equally this, should inform the plain of written report of the disclosure of that intention inwards plenty fourth dimension to enable that soul to try an injunction from the courts earlier the intended disclosure takes place. In this case, though, the council's determination non to produce thus was justifiable.

is unaware of other cases inwards which a political party considering the communication of confidential data would hold out expected past times a courtroom to permit the plain of written report of that data know first. He notes that the other political party of one's intentions earlier committing a potentially wrongful human activeness is nevertheless a concept good known inwards European merchandise score law, where the European Court of Justice has said that parallel importers should notify merchandise score owners earlier importing repackaged goods into countries inside the European Economic Area.

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