97 judgments found.

Case 33-3161

Country: Russia
Year: 2002
Court: Arhangelsk Regional Court
Health Topics: Health information, Hospitals
Human Rights: Right of access to information
Facts:

The applicant filed a complaint against the administration of the city child clinic in the city of Mirniy. The clinic refused to give the applicant the original medical history documents for her minor daughter.  The Constitution of the Russian Federation and related legislation obligated institutions to provide relevant health care information upon a citizen’s request. …Read more

Tags: Clinics, Disclosure, Freedom of information, Health data, Health facilities, Health records, Medical records, Non-disclosure, Public hospitals
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Case 33-1754

Country: Russia
Year: 2001
Court: Regional Court of Voronez
Health Topics: Health information
Facts:

I.E.V. claimed that a hospital refused to provide him with information which affected his rights, in relation to a criminal matter.  It appeared that this information concerned the health and medical history of P.O.V. The lower court held that, without the consent of P.O.V., the hospital was correct in not disclosing such information to I.E.V. …Read more

Tags: Confidentiality, Disclosure, Health records, Medical records, Non-disclosure, Secrecy
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Doe v. Delie

Country: United States
Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more

Tags: AIDS, Confidentiality, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

In re subpoena v. Dwight L Bailey

Country: United States
Year: 2000
Court: 4th Circuit Court of Appeal
Citation: 228 F.3d 341 (2000)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

In connection with an investigation into federal healthcare offenses, the Respondents, Dr Bailey and a professional healthcare association, were served with four subpoenas from the United States Attorney for the Western District of Virginia as authorized under 18 U.S.C. § 3486. The subpoenas required, among other things, the production of patient medical records. Section 3486(e)(1) …Read more

Tags: Confidentiality, Disclosure, Electronic health records, Health data, Health information, Health regulation, Medical records, Non-disclosure, Secrecy
Download Judgment: English

R v. Mills

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 3 R.C.S. 668
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more

Tags: Children, Counseling, Disclosure, Health records, Medical records, Non-disclosure, Psychiatry, Psychology, Sexual assault, Sexual violence, Violence against women
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Villagrán-Morales, et al. (“Street Children”) v. Guatemala

Country: Guatemala
Year: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

Tags: Assault, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Health records, Indigent, Inhuman treatment, Law enforcement, Low income, Medical records, Minor, Police, Poor, Torture, Underprivileged
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McGinley and Egan v. United Kingdom

Country: United Kingdom
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 21825/93 and 23414/94; (1999) 27 EHRR 1
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing
Human Rights: Right of access to information, Right to health, Right to privacy
Facts:

McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more

Tags: Access to health care, Awareness, Biohazard, Freedom of information, Health records, Medical records, Military, Non-communicable diseases, Non-disclosure, Notification, Nuclear radiation, Social security
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Norman-Bloodsaw v. Lawrence Berkeley Laboratory

Country: United States
Year: 1998
Court: 9th Circuit Court of Appeals
Citation: 135 F.3d 1260 (9th Cir. 1998)
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right to privacy
Facts:

The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more

Tags: Confidentiality, Disclosure, Mandatory examination, Mandatory testing, Medical records, Non-consensual testing and treatment, Notification, Right to Privacy
Download Judgment: English

Andersson, Anne-Marie v. Sweden

Country: Sweden
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more

Tags: Confidentiality, Counseling, Disclosure, Health data, Health records, Health regulation, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Non-disclosure, Notification, Psychiatry, Psychology, Secrecy, Social security, Subsidies
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M.S. v. Sweden

Country: Sweden
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20837/92, Eur. Ct. H.R. 49 (1997).
Health Topics: Health information, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more

Tags: Abortion, Compensation, Confidentiality, Disclosure, Health data, Health records, Job safety, Medical records, Occupational accident, Occupational hazards, Occupational health and safety, Workers' compensation
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