This Shared Insights forum took place on 9 June 2026.
On 9 June 2026, Browne Jacobson hosted a Shared Insights session exploring the legal principles governing third party disclosure requests in the health and care sector.
The session examined the tension between confidentiality (a fundamental legal and ethical duty) and the circumstances in which disclosure of confidential information may nevertheless be lawful and appropriate.
Our panel of leading experts also shared their knowledge of the legal frameworks surrounding confidentiality and disclosure, and provided their insights and practical tips for professionals when dealing with third party requests:
Andrew Hopkin specialises in regulatory and health and safety law; advisor and advocate in criminal prosecutions, planning inquiries and inquests for public and private bodies.
andrew.hopkin@brownejacobson.com
+44 (0)115 976 6030
Julia is a senior associate based in Manchester, specialising in mental capacity, mental health and social care. She offers national support on a wide range of healthcare matters.
julia.catherall@brownejacobson.com
+44 (0)330 045 2729
Partner
Nicola.Evans@brownejacobson.com
+44 (0)330 045 2962
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.
The cases summarised give considerable comfort to data controllers seeking to defend themselves against claims that relate to breaches arising as a result of a failure rather than a direct act and/or are based on assertions of damage or distress that are exaggerated, unsubstantiated or bear little relation to the breach itself.
Student and staff files will be full of personal data, much of which may be particularly sensitive such as health information (known under the data protection legislation as “special category” data).
In February 2021, the High Court handed down judgment London Borough of Lambeth v AM (No. 2) [2021] EWHC 186 (QB), in which Browne Jacobson LLP acted for the Claimant Council. The judgment is critical reading for public bodies who are required to take action to restrict the use of confidential information in circumstances where that information has been inadvertently disclosed to a third-party.
This judgment is critical reading for public bodies who need to take action to restrain the use of confidential information in circumstances where that information has been inadvertently disclosed to a third party.
