48 judgments found.

Case 2008-015f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-015f, 14 February 2008
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
Facts:

This case concerns the right to privacy in a health care context. The Union of Belgian professional Medicine Associations sought the annulment of the Flemish Community’s decree concerning the establishment of a medical information database. It was argued that the right to private life as guaranteed in article 8 of the European Convention of Human …Read more

Tags: Disclosure, Freedom of information, Health data
Download Judgment: French Flemish

I v. Finland

Country: Finland
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 20511/03
Health Topics: Health information
Human Rights: Right to privacy
Facts:

The applicant was a nurse from 1989 to 1994 at the same public hospital where she sought treatment after being diagnosed as HIV-positive in 1987. All hospital staff had access to the patient register, which contained information on patients’ diagnoses. In 1992, the applicant became suspicious that her colleagues became aware of her diagnosis through …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records
Download Judgment: English

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

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

L.L v. France

Country: France
Year: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
Facts:

In a proceeding for divorce, a confidential medical document (a correspondence between the applicant’s doctor and a specialist) indicating the applicant’s alcoholism was relied upon. The judge further quoted paragraphs from the document in his judgment and the divorce was granted on the grounds of fault committed by the applicant. The applicant’s request for legal …Read more

Tags: Alcohol, Confidentiality, Disclosure, Health data, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English French

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

NM v. Smith

Country: South Africa
Year: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
Facts:

A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more

Tags: Clinical trials, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV
Download Judgment: English

Panteleyenko v. Ukraine

Country: Ukraine
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 11901/02
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

In 1999 criminal charges were brought against the applicant for abuse of power and forgery of official documents. The applicant was a private notary and, according to the prosecutors’ allegations, had fraudulently certified title and real-estate transactions using invalid registration forms. As part of the investigation into these charges, the applicant’s office was searched, and …Read more

Tags: Confidentiality, Disclosure, Health data, Health records, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure
Download Judgment: English

Case 2005-147

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics: Health care and health services, Health information
Human Rights: Freedom of association
Tags: Access to health care, Access to treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health education, Health promotion
Download Judgment: French Flemish