Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime

analysis by 

Ceri Davis 3 – 36 Commercial

In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).

The Facts

In May 2016 the claimant sought to access the defendant charity’s services by completing a self-referral form. The form provided an option for individuals to consent to information being disclosed to their GP. It also stated that the charity would break confidentiality without the individual’s consent if there was reason to be seriously concerned about their welfare. The claimant provided his GP’s details and disclosed mental health and substance use issues, including issues relating to suicide and self-harm.